Common use of Repairs Clause in Contracts

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISES

Appears in 1 contract

Samples: Business Property Lease (CleanCore Solutions, Inc.)

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Repairs. 8Sublessor shall deliver the Subleased Premises to Sublessee Fully Decommissioned and professionally cleaned, free of debris and personal property (other than the FF&E described in Exhibit E). Xxxxxxxx agrees In addition, prior to maintain the Commencement Date, Sublessor shall secure with solid, opaque material in good conditiona commercially reasonable manner that includes insulation from sound and minimizes the reduction of the usable area of the Subleased Premises the internal stairwell that is currently providing access to the Subleased Premises from the remainder of the Premises (the “Internal Stairwell Work”). Sublessor shall deliver plans for the Internal Stairwell Work when they have been prepared and approved by Master Xxxxxx. Sublessor represents and warrants that (a) the Premises Systems (as defined in the Master Lease) are in good, working order and repair, and repair (b) to Sublessor’s current, actual knowledge, without inquiry, the building systems serving the Subleased Premises for which Master Lessor is responsible for repairing and maintaining are in good, working order and repair. The parties acknowledge and agree that Sublessee is subleasing the Subleased Premises on an “as necessary is” basis, and that Sublessor has made no representations or warranties with respect to the foundations, exterior walls and the roof condition of the Subleased Premises, except as set forth in this paragraph. Xxxxxx agrees that it will makeExcept as expressly set forth in this paragraph, at its own Sublessor shall have no obligation whatsoever to make or pay the cost and expenseof any alterations, all improvements or repairs and replacements to the Premises not Subleased Premises, including, without limitation, any improvement or repair required to comply with any law. Master Lessor shall be solely responsible for performance of any repairs required to be made performed by Landlord, including, but not limited to, all interior repairs, and Master Lessor under the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term terms of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Master Lease. Tenant shall enter into Sublessor shall, however, use Sublessor’s reasonable efforts (without requiring Sublessor to spend more than a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (inominal sum unless paid by Sublessee or engage in litigation) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESobtain Master Lessor’s performance.

Appears in 1 contract

Samples: Sublease (Assembly Biosciences, Inc.)

Repairs. 8Lessee will, at all times, keep the Premises neat, clean and in a sanitary condition. Xxxxxxxx Lessor, at its sole expense, shall repair the roof structure, walls and foundation of the demised Premises, unless Lessee is responsible for such damage, and provided however that Lessee shall be required to notify Lessor in the event any repairs which are the Lessor's responsibility are necessitated. All other repairs to Lessee's Premises shall be at Lessee's sole cost and expense. Lessor agrees to repair and maintain the common area, parking area and landscaping of the entire building on the Property described in Exhibit "A", Lessee agrees to be responsible to pay such common expenses incurred by Lessor, which includes all Common Areas. Except for reasonable wear and tear and damage by fire, windstorm and Acts of God, or other similar casualty, Lessee will at all times preserve said Premises in as good conditionrepair as they now are or may hereafter be put to. Lessee agrees that at the expiration or sooner termination of this Lease, Lessee will quit and surrender said Premises without notice and in a neat and clean condition and will deliver up all keys belonging to said Premises to the Lessor or Lessor's agent. Lessee shall have heating and ventilation equipment and overhead doors serviced and maintained by qualified service contractors, at its sole expense, on a regular basis. Lessor reserves for itself and its employees or contractors, and repair Lessee covenants to permit Lessor or its agents, employees or contractors, to enter any and all portions of the Premises at any and all reasonable times with reasonable notice to make such repairs as shall be necessary for the foundations, exterior walls safety and the roof preservation of the Premises. Xxxxxx agrees Nothing herein shall imply any duty by Lessor to make any such repairs or do any other work that it will makeunder any provision of this Lease, at its own cost and expense, all repairs and replacements to the Premises not Lessee is required to be made by Landlord, including, but not limited to, all interior repairsperform, and the heatingperformance hereof by Lessor shall not constitute a waiver of Lessee's default, air conditioningnor shall the obligation of Lessee under this Lease be thereby affected in any manner. Furthermore Lessor during the progress of such repairs or other work may keep and store on the demised Premises all necessary material, plumbing tools and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alterationequipment, and painting required Lessor shall in no event be liable for disturbance, inconvenience, annoyance, loss of business or other damage to Lessee or any assignees or sublessee's under the Lease by it making such repairs or performing any such work on or in the demised Premises or on account of bringing materials, supplies and equipment into or through the Premises during the term course of such work. Lessor shall use his best efforts to minimize the Lease at its own cost and expense, inconvenience to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by TenantLessee, and to maintain the Premises perform necessary repairs in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISEStimely manner.

Appears in 1 contract

Samples: Agreement (Rodi Power Systems Inc)

Repairs. 8a. By Lessee. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof By taking possession of the Premises, Lessee shall be --------- deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Xxxxxx agrees that it will makeLessee shall further be deemed to have accepted Lessee Improvements constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, excluding only the punch list items referred to in Article 4.a. above. Lessee shall at its own Lessee's sole cost and expense, all repairs and replacements to keep every part of the Premises in good condition and repair, damage thereto from causes beyond the control of Lessee (and not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary caused by any negligence act or carelessness omission of Tenant Lessee or any of its agents or employees or persons permitted on the Real Estate by Tenant, Lessee's Agents) and ordinary wear and tear excepted. If Lessee fails to maintain the Premises as required by this Lease, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in a safe, clean, neat, and sanitary condition. Tenant shall be entitled an emergency or where immediate action is required to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to protect the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing portion of the HVAC system serving the entire Premises that provides forProject, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after requestsuch notice is given under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. If Tenant fails Any amount so expended by Lessor shall be paid by Lessee to maintain Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the service contractPremises to the extent such damage is caused by Lessor's active negligence or willful misconduct. In no event shall Lessor have any liability to Lessee for any other damages, Landlord may do so or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and pass these costs along the parties hereto affirm that Lessor has made no representations or warranty to Tenant. Tenant shall pay Lessee respecting the cost thereof within ten (10) days after receipt condition of same. CONDITION OF PREMISESthe Premises or any part of the Project except as specifically set forth in this Lease.

Appears in 1 contract

Samples: Office Lease (Inktomi Corp)

Repairs. 8. Xxxxxxxx agrees (a) The Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in and about the premises required to maintain keep them in good order and condition; such repairs to be equal in quality to the original work; provided, that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and repair as necessary the foundations, exterior walls and the roof facilities of the Premisesbuilding for the use or service of tenants generally (including the plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities in the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Xxxxxx agrees Should the Tenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that it will its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the work necessary to make them within five (5) days after notice from the Landlord of the condition requiring repair, then in either case, the Landlord may (but shall have no obligation to) immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may (but shall have no obligation to) make, at the expense of the Tenant, any repairs to the building or to its own fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or the wilful acts of the Tenant or Tenant's employees, agents, contractors, licensees or visitors; (ii) to the moving, into or out of the building, of property being delivered to or taken from the premises by Tenant, Tenant's agents, employees, contractors, licensees or visitors; (iii) to the installation, repair or removal of the property of the Tenant in the premises by Tenant or Tenant's agents, employees, contractors, licensees or visitors; or (iv) to the negligent or willfully incorrect operation of any machinery equipment, or facility installed in the premises by or for the Tenant. The Tenant will pay the actual and reasonable cost of any repairs made by the Landlord pursuant to this paragraph upon presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THIRD shall survive the expiration or other termination of this lease. Except for the repairs which are the Tenant's obligations under the first sentence of this Article THIRD (a), the Landlord, at Landlord's cost and expense, all repairs and replacements to the Premises not required to be made by Landlordwill, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term upon notice of the Lease at its own cost need therefor, make the repairs required and expense, to pay for any repairs to the Premises or the Real Estate made perform all maintenance necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heatingbuilding and its fixtures, ventilatingappurtenances, facilities, equipment and conditioning systems (HVACincluding the plumbing, heating and electrical systems) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESin good working order.

Appears in 1 contract

Samples: Lease (Healthworld Corp)

Repairs. 8. Xxxxxxxx agrees By entry hereunder, Tenant accepts the Premises as being in the condition in which Landlord is obligated to maintain in good conditiondeliver the Premises, and repair as necessary the foundations, exterior walls and the roof provided that such acceptance shall not extend to latent defects which are not discoverable through a diligent inspection of the Premises. Xxxxxx agrees that it will makeTenant shall, at its own all times during the term hereof and at Tenant's sole cost and expense, all repairs and replacements to keep the Premises not required in good condition and repair, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements excepted. Tenant hereby waives all rights to be made by Landlord, including, but not limited to, all interior repairs, and make repairs at the heating, air conditioning, plumbing and electrical systems servicing expense of Landlord or in lieu thereof to vacate the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during shall at the end of the term hereof surrender to Landlord the Premises and all Alterations thereto in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the Lease at its own cost elements excepted. Landlord had no obligation and expensehas made no promise to alter, to pay for remodel, improve, repair, decorate or paint the Premises or any repairs to part thereof, except as specifically herein set forth. No representations respecting the condition of the Premises or the Real Estate Building have been made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Landlord to Tenant, except as specifically herein set forth. Landlord agrees to repair and to maintain the Premises in a safestructural components of the Building, cleanincluding but not limited to the foundation, neatbearing and exterior walls, sub-flooring and sanitary conditionroof, as well as the elevators, the electrical, mechanical, plumbing, sewage, heating, ventilating and air conditioning systems, the Common Areas. Tenant shall be entitled to no compensation responsible for inconvenience, injury, or loss of business arising from the making repair and maintenance of any repairs supplemental air conditioning equipment installed by Landlord, Tenant or Tenant, or other tenants to 's contractor within the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this LeasePremises. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to provide Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord maintenance agreement for such equipment within ten thirty (1030) days after requestof such installation. If Tenant fails Landlord shall use reasonable efforts to maintain enforce construction warranties' obtained from the service contract, Landlord may do so and pass these costs along initial tenant improvements to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESPremises.

Appears in 1 contract

Samples: CRL Network Services Inc

Repairs. 8. Xxxxxxxx agrees to Landlord shall maintain the roof and exterior walls of the Building and the Premises in good conditionrepair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and repair as necessary the foundations, exterior walls and the roof doorways of the Premises. Xxxxxx agrees that it will makeTenant shall also be responsible for repair, at its own cost replacement and expensemaintenance of any exterior walls if the necessity therefore should be the result of Tenant’s negligence or the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all repairs and replacements to the Premises not required to be made by Landlordelectrical, includingplumbing, but not limited to, all interior repairs, and the heating, air conditioningconditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and electrical other systems servicing inside of the Premises if caused by the acts or omissions of Tenant, or Tenant’s agents, employees, invitees or licensees inside the Premises. Tenant agrees to do shall effect all redecoratingsuch maintenance, remodeling, alteration, repairs and painting required by it during the term of the Lease replacements at its own cost expense and expenseemploying materials and labor of a kind and quality equal to the original installations. If Tenant shall fail to maintain, repair or replace equipment or other installations in or about the Premises as above provided, Landlord, immediately after giving Tenant notice of the necessity for such maintenance, repair or replacement may accomplish the required work and add the costs thereof to pay the next due rental installment(s) but Tenant shall not be liable to the Landlord for any repairs failure to fulfill the Premises or obligations of this paragraph until such time as the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled notified, as aforesaid, in writing of the requirement therefore, provided however, in the event of a bona fide emergency, Landlord need not give such notice to no compensation Tenant prior to performing such work. With regard to heating and air conditioning systems in the Premises, Landlord shall provide for inconveniencethe same to be in good working order upon Tenant’s occupancy of the Premises. In addition, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract shall maintain at Tenant’s sole expense through the entire Lease Term a maintenance and any renewal or extension terms of this Lease. Tenant shall enter into service contract with a standard maintenance contract, annually written at normal reputable heating and customary rates, air conditioning service company for the servicing of the HVAC system serving the entire Premises heating and air conditioning systems and provide that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within shall not be canceled for any reason without a ten (10) days after requestday notice to Landlord, and deliver to Landlord a copy of such maintenance service contract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the service contractheating and air conditioning system as needed, Landlord at its sole option may do so accomplish the same and pass these bxxx the costs along thereof to Tenant. Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the same to Tenant shall pay be an event of default herein. Landlord shall be responsible for the cost thereof within ten (10) days after receipt replacement of same. CONDITION OF PREMISESrequired components of the HVAC units as required, so long as Tenant maintains HVAC units to servicing requirements of this Lease.

Appears in 1 contract

Samples: ) Lease Agreement (Bank of South Carolina Corp)

Repairs. 8. Xxxxxxxx agrees (a) Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in and about the premises required to maintain keep them in good order and condition; such repairs to be equal in quality to the original work, provided that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and repair as necessary the foundations, exterior walls and the roof facilities of the Premisesbuilding for the use or service of tenants generally (including the plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities in the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Xxxxxx agrees Should the Tenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that it will its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the work necessary to make them within five days after notice from the Landlord of the condition requiring repair, then in either case, the Landlord may (but shall have no obligation to) immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may (but shall have no obligation to) make, at the expense of the Tenant, any repairs to the building or to its own fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or the improper acts of the Tenant or Tenant's employees, agents, contractors, licensees or visitors; (ii) to the moving, into or out of the building, of property being delivered to or taken from the premises by Tenant, Tenant's agents, employees, contractors, licensees or visitors; (iii) to the installation, repair or removal of the property of the Tenant in the premises by Tenant or Tenant's agents, employees, contractors, licensees or visitors; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the Tenant. The Tenant will pay the actual and reasonable cost of any repairs made by the Landlord pursuant to this paragraph upon presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THIRD shall survive the expiration or other termination of this lease. Except for the repairs which are the Tenant's obligations under the first sentence of this Article THIRD (a), the Landlord, at Landlord's cost and expense, all repairs and replacements to the Premises not required to be made by Landlordwill, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term upon notice of the Lease at its own cost need therefor, make the repairs required and expense, to pay for any repairs to the Premises or the Real Estate made perform all maintenance necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heatingbuilding and its fixtures, ventilatingappurtenances, facilities, equipment and conditioning systems (HVACincluding the plumbing, heating and electrical systems) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESin good working order.

Appears in 1 contract

Samples: Lease (Sma Real Time Inc)

Repairs. 8. Xxxxxxxx By taking of possession of the demised premises, Lessee acknowledges and agrees to maintain that the demised premises are in all respects in good condition. Lessee shall take good care of the demised premises and shall keep the said premises in a good state of repair and in a sightly, healthy and clean condition so as to comply with all rules and regulations of Broward County, and repair as necessary all ordinances, laws and statutes of any and all governmental entities, whether federal, state or local. In the foundationsevent of termination of this Lease, exterior walls and the roof whether because of expiration of the Premisesterm or for any other reason, Lessee shall yield up said premises to Lessor in the same condition as the same existed on the day of commencement of the term of this Lease, reasonable wear and tear excepted. Xxxxxx agrees Lessee shall make all repairs in and about the demised premises as and when needed as a result of misuse, damage or neglect by Lessee, in order to preserve them in good condition. Such repairs shall be in the quality and class equal to the original work. Lessee shall refrain from applying paste or wallpaper or anything to the walls of the demised premises without first obtaining the written consent of the Lessor therefor. In the event that it will makethe Lessee fails or refuses to keep and perform the covenants and agreements contained in this paragraph, Lessor may, at its own option, by and through its agents and servants, enter the demised premises for and in behalf of Lessee to keep and perform said undertaking, without such entry affecting the tenancy or terminating this Lease or Lessee’s occupancy of the demised premises. In such event Lessee shall reimburse Lessor the cost and expenseexpense incurred thereby, all repairs which said reimbursement shall be due and replacements to payable by Lessee immediately upon demand therefor. All appliances supplied by Lessor in the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it residence during the term of the this Lease at its own cost and expense, are to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report repaired at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLessee’s expense.

Appears in 1 contract

Samples: Residential Lease Agreement (Protective Products of America, Inc.)

Repairs. 8. Xxxxxxxx agrees (a) Subtenant shall not commit any waste in the Sublease Premises or the Building and shall be responsible to maintain in good condition, and repair the Sublease Premises and all fixtures, equipment and improvements attached to or located in the Sublease Premises or any Changes thereto approved by Sublandlord (herein collectively, the “Improvements and Installations”) in order to ensure that same are repaired and maintained in as necessary the foundations, exterior walls and the roof good a condition as existed as of the PremisesSublease Commencement Date, reasonable wear and tear excepted. Xxxxxx agrees that it will makeIn amplification and not in limitation of the foregoing, at its own cost and expense, Subtenant shall be liable for all repairs and replacements to maintenance of the Premises not required to be made by Landlordinterior doors, includingfloor and wall covering, but not limited to, all interior repairslighting fixtures, and scratches and damages to any glass within the heating, air conditioning, plumbing and electrical systems servicing the Sublease Premises. Tenant agrees In the event Subtenant shall fail to do all redecorating, remodeling, alteration, comply with its obligation to repair and painting required by it during maintain the term of the Lease at its own cost and expense, to pay for any repairs to the Sublease Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of other items for which its agents or employees or persons permitted on is responsible in accordance with the Real Estate by Tenantterms hereof, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant then Sublandlord shall be entitled to no compensation for inconvenience, injury, make such repairs on behalf of Subtenant in accordance with the provisions hereof. In the event that the Building or loss any of business arising from the making equipment or appurtenances thereto or stored therein is damaged as a result of any act or omission of Subtenant, its agents, employees, contractors or invitees, then Subtenant, upon demand shall pay to Sublandlord the cost of any such repairs by Landlord, Tenant, that Sublandlord shall be required to pay to Rewards Network or other tenants to Overlandlord on account thereof. Subtenant’s obligations hereunder shall survive the Premises expiration or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing earlier termination of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESterm hereof.

Appears in 1 contract

Samples: Aob Biotech Inc

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it (A) Landlord shall during the term of the this Lease at its own cost and expense, to pay for any make all necessary repairs or alterations to the property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or the Real Estate alterations shall be made necessary by any reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence or carelessness of Tenant or anyone claiming under Tenant, by reason of a default in the performance or observance of any of its agents agreements, conditions or employees or persons permitted other provisions on the Real Estate part of Tenant to be performed or observed hereunder, by Tenantreason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall make all such repairs or alterations as may be entitled necessary, except as otherwise required under Article 13 (A). Landlord shall not be deemed to no compensation for inconvenience, injury, or loss of business arising from the making have committed a breach of any obligation to make repairs by Landlord, Tenant, or alterations or perform any other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, act unless (i) inspectionLandlord shall have made such repairs or alterations or performed such other act negligently, cleaning or (2) Landlord shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and testing at least quarterlyshall have failed to make such repairs or alterations or performed such other act within a reasonable time after the receipt of such notice and in the event of a breach referred to in Clause (2) of this sentence, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report Landlord's liability shall be provided limited to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of samemaking such repairs or alterations or performing such other act. CONDITION OF PREMISESAs used in this Lease, the expressions "exterior walls" and "roof" do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt.

Appears in 1 contract

Samples: Lease Agreement (A123 Systems Inc)

Repairs. 8. Xxxxxxxx agrees Owner shall maintain and repair the public portions of the building, both exterior and interior, except that if Owner allows Tenant to erect on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workmanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its Tenant's own cost and expense, all repairs and replacements to shall cause the Premises not required same to be made covered by Landlordthe insurance provided for hereafter in Article 8. Tenant shall, includingthroughout the term of this lease, but not limited to, all interior repairstake good care of the demised premises and the fixtures and appurtenances therein, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alterationsidewalks adjacent thereto, and painting required by it during the term of the Lease at its own sole cost and expense, make all non-structural repairs thereto as and when needed to pay for any repairs preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. If the demised premises be or become infested with vermin, Tenant shall at Tenant's expense, cause the same to be exterminated from time to time to the Premises satisfaction of Owner. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for the 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 building including the erection or operation of any xxxxx, xxxxxxx or sidewalk shed, or in or to the demised premises or the Real Estate made necessary by any negligence fixtures, appurtenances or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionequipment thereof. It is specifically agreed that Tenant shall be not entitled to no compensation 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. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for inconvenience, injury, or loss damages for breach of business arising from contract. The provisions of this Article 4 with respect to the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESCasualty which are dealt with in Article 9 hereof.

Appears in 1 contract

Samples: Berkshire Bancorp Inc /De/

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make7.1 Tenant shall, at its own sole cost and expense, all make such repairs and replacements to the Premises not required demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to be made the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by Landlord, including, but not limited tofire or other casualty. Except as otherwise provided in Section 9.8 hereof, all interior repairsdamage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the heatingA/B Building or to its fixtures, air conditioning, plumbing appurtenances and electrical systems servicing the Premises. equipment caused by Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term moving property in or out of the Lease A/B Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant, shall be repaired, restored or replaced promptly by Tenant at its own sole cost and expense, to pay for any repairs which repairs, restorations and replacements shall be in quality and class equal to the Premises original work or the Real Estate made necessary by any negligence or carelessness of installations. If Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspectionfails to make such repairs, cleaning and testing at least quarterlyrestoration or replacements, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Landlord gives Tenant notice of the necessity thereof or (ii) fails to maintain commence within said period and fails to thereafter diligently and continuously prosecute to completion all steps necessary to remedy the service contractsame and to complete such remedy within such time after the date of the giving of said notice of Landlord as shall be necessary as reasonably determined by Landlord, but for a period not longer than thirty (30) days, the same may be reasonably made by Landlord may do so at the expense of Tenant and pass these costs along to Tenant. such expense shall be collectible as additional rent and shall be paid by Tenant shall pay the cost thereof within ten thirty (1030) days after receipt rendition of samea bill xxxrefor. CONDITION OF PREMISESThe exterior walls of the A/B Building, the portions of any windowsills 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 A/B Building, provided, however, Landlord shall use all reasonable efforts not to interfere with the views and exposure from the demised premises, unless such interference is necessitated by an event of force majeure or Legal Requirements.

Appears in 1 contract

Samples: Interliant Inc

Repairs. 8. Xxxxxxxx agrees to maintain Section 9.1 Except for ordinary wear and tear and except as otherwise provided in good conditionSection 9.2, Landlord shall perform all maintenance and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, make all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay to Landlord the actual cost (including a fee equal to five percent (5%) of actual costs for overhead and for supervision by Landlord's agent or manager (the "Supervision Fee") for (a) all maintenance, repairs and replacements within the Premises (including the Tenant Improvements), other than (i) subject to Section 14.4, repairs and replacements necessitated by the Landlord's or its agents, employees, contractors, invitees or licensees willful misconduct, gross negligence, active negligence, or negligence, excluding, however, negligent acts or omissions for which Landlord has no knowledge or is deemed to have had imputed knowledge, to the extent the cost thereof is not collectible under Tenant's insurance, or, if Tenant is not carrying all of the insurance described in Section 14.1A, to the extent such cost would not be covered by the insurance described in Section 14.1A, if the same were in effect, and (ii) maintenance, repairs and replacements to the Building Systems (ie, the HVAC, electrical, sprinkler, plumbing, life-safety and telephone systems) located within ten or exclusively serving the Premises; (10b) days subject to Section 14.4, all repairs and replacements necessitated by damage to the Project (including the Building structure and the Building Systems within or exclusively serving the Premises) caused by the willful misconduct, gross negligence, active negligence, or negligence (excluding negligent acts or omissions for which Tenant had no knowledge or was deemed to have had imputed knowledge) of Tenant or its agents, contractors, invitees and licensees. Amounts payable by Tenant pursuant to this Section 9.1 shall be Additional Rent hereunder and payable on demand after receipt of samean invoice therefor from Landlord. CONDITION OF PREMISESLandlord has no obligation and has made no promise to maintain, alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof, except as specifically set forth in this Lease. In no event shall Landlord have any obligation to maintain, repair or replace any furniture, furnishings, fixtures or personal property of Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Network Inc /De/)

Repairs. 8. Xxxxxxxx agrees Landlord shall make all repairs necessary to maintain in good conditionthe ------- plumbing, and repair as necessary the foundationsheating, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heatingventilating, air conditioning, plumbing electric systems, external windows and electrical floors (excluding carpeting and floor coverings), provided, however, that Landlord shall not be obligated to make any such repairs until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repair is needed. In no event shall Landlord be obligated under this Section 13 to repair any damage caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. If Tenant requires maintenance, servicing, repair or replacement of any special plumbing, heating or air conditioning systems servicing installed for Tenant's benefit in the Leased Premises, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs is caused solely by the negligence or willful misconduct of Landlord, its agents or employees. Tenant agrees shall maintain the Leased Premises and the fixtures and appurtenances therein in good repair at all times. Except to do the extent released by Landlord pursuant to the waiver of subrogation provision in Section 23 hereof, Tenant shall reimburse Landlord for all redecoratingcosts and expenses of repairing and replacing all damage or injury to the Leased Premises and the Building and to fixtures and equipment caused by Tenant or its employees, remodelingagents, alterationinvitees, and painting required by it during licensees, subtenants, or contractors, or as the term result of all or any of them moving in or out of the Lease at Building or by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord shall use its own cost best efforts to minimize disruption to Tenant's business operations during any period Landlord is making repairs, alterations, additions, or improvements to and expense, to pay for any repairs to in the Leased Premises or the Real Estate made necessary Building or Lot. Landlord shall not be liable by reason of any negligence injury to or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by interference with Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of 's business arising from the making of any repairs by Landlordrepairs, Tenantalterations, additions or other tenants improvements in or to the Leased Premises or the Real Estate Tenant agrees Building or to keep any appurtenances or equipment therein. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or because of any delay by Landlord in making the heating, ventilating, same provided that Landlord shall exercise reasonable efforts to perform such work at such time and conditioning (HVAC) system covered under in such a preventive maintenance contract at manner as to minimize disruption to Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease's business operations. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided give to Landlord within three (3) days prompt written notice of request; time being of any accidents to, or defects in plumbing, electrical, heating and air conditioning systems and apparatus located in the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLeased Premises.

Appears in 1 contract

Samples: Collagenex Pharmaceuticals Inc

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will (a) Landlord shall make, at its own sole cost and expense, all repairs necessary to maintain the plumbing, air conditioning and replacements to electrical systems, exterior windows, floors (except carpeting) and all other items which constitute a part of the Premises not required to be made and are installed or furnished by Landlord; provided, includinghowever, but that Landlord shall not limited tobe obligated for any of such repairs until the expiration of a reasonable period of time after written notice from Tenant that such repair is needed. In no event shall Landlord be obligated under this paragraph to repair any damage caused by any act, all interior repairsomission, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term accident or negligence of the Lease Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. (b) Except as the Landlord is obligated for repairs as provided herein above, Tenant shall make at its own sole cost and expense, to pay for any expense all repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises and shall keep the Premises and the fixtures therein in a safe, clean, neat, neat and sanitary 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 therefore, Landlord may make such repairs at the expense of Tenant and such expense, along with a fifteen (15%) percent service charge, shall be entitled collectible as additional rent. (c) Landlord shall not be liable by reason of any injury to no compensation for inconvenience, injury, or loss of interference with Tenant's business arising from the making of any repairs by Landlordrepairs, Tenantalterations, additions or other tenants improvements in accordance with this Article 17 in or to the Premises or the Real Estate Tenant agrees Building or to keep any appurtenances or equipment therein. Landlord shall interfere as little as reasonably practicable with the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at conduct of Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease's business. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report There shall be no abatement of rent because of such repairs, alterations, additions or improvements, except as provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESin paragraph 21 hereof.

Appears in 1 contract

Samples: World Health Alternatives Inc

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionLandlord shall maintain, operate and repair the structure and the public portions of the Building, both exterior and interior, and the Building-wide systems that service the Premises up to the point of connection thereto (subject to Tenant's repair as necessary obligations set forth herein) in a manner comparable to buildings of comparable age and condition located in the foundationsGrand Central Station vicinity. Tenant shall, exterior walls throughout the Term, take good care of the Premises and the roof of the Premises. Xxxxxx agrees that it will make, fixtures and appurtenances therein and at its own Tenant's sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements made at Tenant's request to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises, but Tenant shall be entitled to install its own replacement lamps, tubes and starters. Notwithstanding the foregoing, but subject to the waiver of subrogation provisions set forth in subsection C of Article 9 hereof, all damage or injury to the Premises not or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant by parties other than Landlord or its contractors, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. Tenant also shall 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 and class equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after thirty (30) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building (outside the Premises) or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises of which it becomes aware and for which Landlord may be responsible hereunder. Except as expressly provided in Articles 10 and 29 hereof, there shall be no allowance to 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 Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin due to Tenant's acts or omissions, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord, which consent shall not be unreasonably withheld; otherwise Landlord shall be responsible for the same. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, all interior repairsLandlord's own acts, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents such windows are permanently closed, darkened or employees bricked-up if required by law or persons permitted on related to any construction upon property adjacent to the Real Estate Property by TenantLandlord or others, Landlord shall not be liable for any damage Tenant may sustain thereby and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall not be entitled to no any compensation for inconvenience, injury, or loss therefor nor abatement of business arising Rent nor shall the same release Tenant from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) its obligations hereunder nor constitute an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESeviction.

Appears in 1 contract

Samples: Agreement of Lease (Lazare Kaplan International Inc)

Repairs. 8. Xxxxxxxx agrees a. Except as provided by Exhibit B to maintain in good conditionthis Lease, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain shall accept the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss "as is" condition as of business arising from the making date of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms execution of this Lease. Tenant shall enter into a standard maintenance contractagrees that the Premises in such condition are in good, annually written at normal sanitary order, condition and customary rates, for the servicing of the HVAC system serving the entire Premises that provides forrepair. Tenant shall, at a minimumTenant's sole cost and expense, (i) inspectionkeep the Premises and every part thereof in good condition and repair, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items damage covered by such a standard contractLandlord's fire and extended coverage policy and ordinary wear and tear excepted, and (iii) an annual service report at upon the end expiration or sooner termination of each calendar yearthis Lease shall surrender the Premises to the Landlord in good condition, damage covered by Landlord's fire and extended coverage policy and ordinary wear and tear excepted. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contractFurther, Landlord may do so and pass these costs along to Tenant. Tenant shall pay to Landlord the cost of repairing or replacing any interior or exterior glass panels caused in part or in whole by the act of Tenant, its agents, servants, employees or invitees. Except as specifically provided in Exhibit B to this Lease, Landlord has no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof within ten (10) days after receipt and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of samethe Premises or the Building except as specifically herein set forth. CONDITION OF PREMISES------------------------ Please Initial

Appears in 1 contract

Samples: Cybergold Inc

Repairs. 8. Xxxxxxxx agrees to maintain in good condition14.1 Landlord, at Tenants expense (which shall be prorated based upon Tenant's percentage interest of the annual maximum total Building cost of $7,200.00 as depicted on the Rent Summary ("Structural Repairs"), and repair as necessary shall perform all exterior maintenance, including the foundationsmaintenance of all parking areas, exterior walls snow and ice removal, sidewalks, curbing, fencing and landscaping ("Exterior Maintenance"). If Tenant shall be dissatisfied with the roof performance by Landlord of any required Exterior Maintenance which Landlord has agreed to perform, upon advance notice to Landlord, Tenant shall be permitted to arrange for the performance of the Premises. Xxxxxx agrees Exterior Maintenance, provided that it will make, at its own cost and expense, all repairs and replacements to any such arrangement (including the Premises not required to contractor selection by Tenant) shall be made approved by Landlord, including, but which approval shall not limited to, all interior repairs, be unreasonably withheld. Landlord shall make any repairs and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term perform any maintenance on a reasonably prompt basis after written notice of the Lease at its own cost and expense, need for such repair or maintenance is given to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate Landlord by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant There shall be entitled no abatement of rent and no liability of Landlord by reason of any injury to no compensation for inconvenience, injury, or loss of interference with Tenant's business arising from the making of or the failure to make any repairs repairs, alterations or improvements in or to any portion of the Demised Premises or in or to fixtures, appurtenances and equipment therein. Subject to the $7,200,000 limitation of this Section, the Tenant shall be responsible for the payment of the full cost of all Structural Repairs and Exterior Maintenance in the year in which the Structural Repairs and Exterior Maintenance is performed and shall pay such amounts as Additional Rent pursuant to Section 3.1(c) hereof upon the presentation of invoices by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISES.

Appears in 1 contract

Samples: Lease (Diplomat Corp)

Repairs. 8. Xxxxxxxx agrees Landlord shall maintain the Common Areas and the exterior walls, roof, foundation, common HVAC and other systems (including but not limited to maintain in good conditionelectrical, plumbing, sprinkler, and repair as necessary mechanical) of the foundationsbuilding(s) in the Project, exterior walls and the roof cost thereof shall be included in Operating Charges subject to the terms and conditions of Section 3.2; provided, however, that if any such repairs shall be occasioned by the negligence or willful misconduct of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant’s use of the Premises, Tenant shall be responsible for the entire cost of such repairs. Xxxxxx agrees that it will makeExcept for the repairs Landlord is specifically obligated to make as set forth above or other terms of this Lease, Tenant shall, at its own cost and expense, during the Lease Term, make all other necessary repairs and replacements to the Premises, and keep and maintain the same in good condition and repair so that at the expiration of the Term, the Premises not required shall be surrendered to be made Landlord in good condition, ordinary wear and tear, casualty, and damage caused by Landlord, includingits agents, but not limited toemployees, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditioncontractors excepted. Tenant shall be entitled responsible for repairing any damage to no compensation 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, except for inconvenience, injury, or loss of business arising from the making of any repairs damage caused by Landlord, Tenantits agents, employees, or other tenants contractors. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. The surrender of the Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the Real Estate obligation to pay for all repairs or replacements to the Premises which Tenant agrees was obligated to keep perform during the heatingLease Term, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through which obligation shall survive the entire Lease Term and any renewal expiration or extension terms early termination of this Lease. Landlord, at Landlord’s option after at least thirty (30) days’ written notice to Tenant (except no prior notice shall enter into a standard maintenance contractbe required in the event of emergency), annually written may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder with respect to the Premises, in which event the cost thereof shall be at normal Landlord’s option either billed directly to and customary ratespaid by Tenant as additional rent or included in Operating Charges. Except as aforesaid, for in the event that, at the request of Tenant, Landlord performs any maintenance, repairs or servicing of the HVAC system serving Premises which is the entire Premises that provides forobligation of Tenant hereunder, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. then Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLandlord directly therefor.

Appears in 1 contract

Samples: Lease (Exact Sciences Corp)

Repairs. 84. Xxxxxxxx agrees to Owner shall maintain in good condition, and repair as necessary the foundations, exterior walls of and the roof public portions of the Premisesbuilding. Xxxxxx agrees that it will makeTenant 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) and the windows and window frames and, the fixtures and appurtenances therein and at its own Tenant's sole cost and expense, expense promptly make all repairs thereto and replacements to the Premises not 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, or licensees, 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 LandlordTenant, including, but not limited to, all interior repairsthe same may be made by the Owner at the expense of Tenant, and the heatingexpenses thereof incurred by Owner shall be collectable, air conditioningas additional rent, plumbing and electrical systems servicing after rendition of a bill xx statement therefor. If the Premisesdemised 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, -------- *Owner hereby agrees to do all redecoratingcause such repairs, remodeling, alteration, replacements and painting required by it during the term of the Lease at its own cost and expense, improvements to pay for any repairs to the Premises or the Real Estate be made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenantwith reasonable promptness, and to maintain the Premises in a safetake reasonable steps to minimize any inconvenience to Tenant arising therefrom, cleanprovided however, neat, and sanitary condition. that this shall not obligate Owner to incur any additional overtime cost nor entitle Tenant shall be entitled to no compensation for inconvenience, injury, deduct or loss of business arising from the making of abatx xxx rent or any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESpayment.

Appears in 1 contract

Samples: Agreement of Lease (Medscape Inc)

Repairs. 8. Xxxxxxxx LESSOR agrees to keep and maintain the Building as a first class office building, in good conditionorder and repair. Without limiting the foregoing, LESSOR will keep in good order and repair, and maintain and replace as needed (the entire cost of which shall be included in CAM charges): all fixtures serving, but not located within the perimeter of, the Premises, including but not limited to, water, plumbing, sewer, HVAC, fire/life safety, electrical and sprinkler systems. If any such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of duty by LESSEE, its agents, servants, employees or invitees, LESSEE shall pay to LESSOR the actual cost of such maintenance and repairs. LESSEE shall at once report in writing to LESSOR any known defective or damaged condition of the Premises which LESSOR is required to repair pursuant to this Paragraph and LESSEE's failure to report to LESSOR any such condition or defect shall make LESSEE responsible to LESSOR for any liabilities, costs, expenses, and attorneys' fees incurred by LESSOR as necessary a result of such defect or damage. LESSOR shall not be obligated to commence non-emergency repairs or to perform routine maintenance of the foundationsPremises for a period not to exceed ten (10) days following written notice to LESSOR of the need for such repair or maintenance. Emergency repairs shall be commenced as quickly as is reasonably practicable (for purposes of this LEASE, exterior walls and repairs involving the roof air conditioning system shall be deemed to be emergency repairs). There shall be an abatement of rent after five (5) days of non-use of the Premises, but no other liability of any nature of LESSOR by reason of any injury to or interference with LESSEE's business arising from the making of any repairs, alterations or improvements in or to any portion of the Office Building or the Premises, or in or to fixtures and equipment therein. Xxxxxx agrees that it will makeLESSEE will, at its own cost and expense, all repairs keep and replacements maintain the Premises and every part thereof in good order and repair except those portions of the Premises to be repaired by LESSOR expressly hereunder. LESSEE shall return the Premises to LESSOR at the expiration or sooner termination of this LEASE in as good condition and repair as when first received, reasonable wear and tear and casualty excepted. All damage or injury to the Premises not required Office Building, Premises, the Common Areas, or the equipment serving same, caused by or resulting from LESSEE's misuse, or the act or negligence of LESSEE, its agents, employees, licensees, invitees or visitors shall be promptly reported to be made LESSOR and repaired by Landlord, including, but not limited to, all interior repairs, LESSOR at the sole cost and the heating, air conditioning, plumbing expense of LESSEE and electrical systems servicing the Premises. Tenant LESSEE hereby agrees to do all redecorating, remodeling, alteration, pay such amounts on demand as Additional Rent. LESSEE shall keep in good order and painting required by it during the term of the Lease repair at its own LESSEE'S sole cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing that portion of the HVAC system serving water, plumbing, sewer, electrical and sprinkler systems located within the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being perimeter of the essencePremises. Tenant LESSOR shall deliver a copy of the service contract assign to Landlord within ten (10) days after request. If Tenant fails LESSEE any and all warranties applicable to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESsuch items.

Appears in 1 contract

Samples: Lease Agreement (Marine Bancshares Inc)

Repairs. 8. Xxxxxxxx agrees 12.1 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 maintain preserve them in good working order and condition. All damage or injury to (a) the Demised Premises, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises whether structural or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenantnon-structural, and to maintain its fixtures, glass, appurtenances and equipment or (b) to the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injuryBuilding, or loss to its fixtures, glass, appurtenances and equipment that is in either case of business arising from the making of any repairs by Landlord, Tenant, (a) or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimumb), (i) inspection, cleaning and testing at least quarterly, caused by Tenant moving property in or out of the Building or (ii) any servicingby (x) installation or removal of furniture, maintenance repair or replacement of filters, belts fixtures or other items covered property, or (y) resulting from fire, explosion, air-conditioning unit or system, short circuits, flow or leakage of water, steam, illuminating gas, sewer gas, sewerage or odors or by such a standard contractfrost or by bursting or leaking of pipes or plumbing works or gas, and (iii) an annual service report at the end or from any other cause of each calendar year. Such annual report any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause of Tenant, its servants, employees, agents, visitors or licensees, shall be provided repaired, restored or replaced promptly by Tenant at its sole cost and expense to Landlord within three (3) days the satisfaction of request; time being of Landlord. All aforesaid repairs, restorations and replacements shall be in quality and class equal to the essence. Tenant original work or installations and shall deliver be done in a copy of the service contract to Landlord within ten (10) days after requestgood and workmanlike manner. If Tenant fails to maintain the service contractmake such repairs, restorations or replacements, same may be made by Landlord may do at expense of Tenant and all sums so spent and pass these costs along to Tenantexpenses incurred by Landlord shall be collectible as additional rent and shall be paid by Tenant within twenty (20) days after rendition of a xxxx or statement therefor. Tenant shall pay promptly make, at Tenant’s expense, all repairs in and to the cost Demised Premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected only from Landlord’s approved contractors, a current listing of which is set forth on Exhibit E attached hereto. Any other repairs in or to the Building or the facilities and systems thereof within ten (10) days after receipt of same. CONDITION OF PREMISESfor which Tenant is responsible shall be performed by Landlord at Tenant’s expense.

Appears in 1 contract

Samples: Agreement (Lev Pharmaceuticals Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements Prior to the Premises not required Closing Date, the Seller shall cause to be made by Landlord, including, but not limited to, all interior repairs, undertaken the remedial improvements and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises Property (such repairs, the "REMEDIAL REPAIRS") contemplated in that certain contract by and between the Seller and T Equipment Corp., dated as of February 4, 2000, a complete and correct copy of which is annexed hereto as EXHIBIT L (the "REPAIRS CONTRACT"). Seller agrees that the Repairs Contract will not be amended to effect a reduction in the scope of the work thereunder without the consent of Purchaser, which consent may be granted or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises denied in a safe, clean, neat, and sanitary conditionPurchaser's sole discretion. Tenant Seller further agrees that there shall be entitled to no compensation for inconvenienceother change orders or amendments effected under such Contract without the prior consent of Purchaser, injury, which consent will not be withheld or loss of business arising from delayed unreasonably. To the making of any repairs by Landlord, Tenant, or other tenants extent that the Remedial Repairs have not been completed prior to the Premises or Closing Date, the Real Estate Tenant agrees Purchaser shall assume the Repairs Contract at Closing and thereafter the Purchaser shall diligently complete such Remedial Repairs pursuant to keep the heatingRepairs Contract. In addition to the foregoing, ventilatingSeller shall cause Engineers Design Group, Inc. ("EDG"), in accordance with the contract between EDG and conditioning Seller for such services a complete and correct copy of which is annexed hereto as EXHIBIT M (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term "EDG CONTRACT"), to provide reasonable and any renewal or extension customary architectural and engineering services with respect to the Repairs Contract, which will include, without limitation, requirements for reasonable and customary oversight, field supervision of work, monitoring of compliance of the work with the Contract Documents, reviews of shop drawings and reviews of contractors' requisitions for payments. Seller shall be responsible for all payments due to EDG pursuant to the EDG Contract. At Closing, the Seller shall place in escrow with the Escrow Agent, pursuant to an escrow agreement mutually acceptable to the Seller and the Purchaser and reflecting the terms of this Lease. Tenant shall enter into a standard maintenance contractSection 10.4, annually written at normal and customary rates, for the servicing form of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report which escrow agreement shall be provided negotiated to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within completion no later than ten (10) days after requestthe end of the Due Diligence Period (or if the Due Diligence Period is prematurely terminated and an early Closing Date is established pursuant to Section 1.3, prior to such early Closing Date), an amount equal to the product of 1.25 and the estimated cost to complete the portion of the Remedial Repairs remaining unfinished as of the Closing Date (the "ESTIMATED COST"). If Tenant fails The Estimated Cost shall be determined by one or more certificates to maintain be obtained by the service contractSeller from the contractor performing the Remedial Repairs. Completion of the work shall be determined by an independent, Landlord may do so licensed architect mutually agreeable to the Seller and pass these costs along the Purchaser, the cost of whose services shall be the sole expense of the Seller. The Escrow Agent shall disburse to Tenant. Tenant shall the Purchaser escrowed funds to pay the cost thereof Purchaser's actual, invoiced, third-party costs of effecting the Remedial Repairs, within ten (10) business days after receipt Purchaser's proper written requisition therefor (but no more frequently than twice a month) which shall be accompanied by invoices and other commercially reasonable supporting documentation as set forth in the escrow agreement, which requisition and supporting documentation shall be simultaneously delivered to the Seller for review and approval, which approval shall not be unreasonably withheld or delayed and shall be deemed to have been given if written objection is not given to the Purchaser and the Escrow Agent within such ten (10) day period. The balance of samethe escrowed funds shall be returned to the Seller within thirty (30) days after the final retainage payments have been made to the contractor under the Repairs Contract. CONDITION OF PREMISESIf the Seller disapproves any requisition, or if the Seller and the Purchaser can not agree on a mutually agreeable architect, the disagreement shall be arbitrated by a licensed architect selected by the Seller, a licensed architect selected by the Purchaser, and a third licensed architect selected by those two architects, and the decision of a majority of these three shall be binding on the parties, with detailed arbitration procedures and time lines to be established in the escrow agreement. The Seller shall be responsible for the cost of all Remedial Repairs pursuant to the Repairs Contract which are completed on or prior to the Closing Date. The provision of this Section 10.4 shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Dean Witter Realty Yield Plus L P)

Repairs. 8. Xxxxxxxx agrees (a) Landlord’s obligation with respect to maintain in good condition, and repair as necessary part of Basic Services shall be limited to (i) the foundationsstructural portions of the Building, (ii) the exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by LandlordBuilding, including, but not limited towithout limitation, all interior repairsglass and glazing, and (iii) the heatingroof, air conditioning(iv) mechanical, electrical, plumbing and electrical life safety systems servicing the Premises. [except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant agrees exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to do all redecorating, remodeling, alterationsaid facilities or systems)], and painting required by it during (v) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the term condition of any part of the Lease at its own cost Project unless Tenant has given to Landlord written notice of any required repair and expense, Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding: (i) Landlord shall not be required to pay for repair damage to any repairs of the foregoing to the Premises extent caused by the acts or the Real Estate made necessary by any negligence or carelessness omissions of Tenant or any of its agents or it agents, employees or persons permitted on contractors, except to the Real Estate extent covered by Tenant, insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to maintain damage or destruction by casualty shall be governed by the Premises provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a safe, clean, neat, timely and sanitary conditionefficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be entitled 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 compensation for inconvenience, injury, abatement of Rent and no liability of Landlord by reason of any injury to or loss of interference with Tenant’s business arising from the making of any repairs by Landlordrepairs, Tenantalterations or improvements in or to any portion of the Premises, or other tenants to the Premises Building or the Real Estate Project. Tenant agrees waives the right to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract make repairs at TenantLandlord’s expense through under any law, statute or ordinance now or hereafter in effect (including the entire Lease Term provisions of California Civil Code Section 1942 and any renewal successive sections or extension terms statutes of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESsimilar nature).

Appears in 1 contract

Samples: Office Lease (Aethlon Medical Inc)

Repairs. 8. Xxxxxxxx agrees to maintain 19.01 Tenant, throughout the Term, shall take good care of the Leased Property, the fixtures and appurtenances therein (including, without limitation, any equipment installed by Tenant in good conditionaccordance with the provisions of this Lease, and repair as necessary all installations required for the foundationsfurnishing to the Leased Property of the services enumerated in Article 4 hereof), exterior walls and the roof of the Premises. Xxxxxx agrees that it will makeentrance doors thereto and, at its own Tenant’s sole cost and expense, shall make all repairs and replacements to the Premises not Leased Property, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, as and when needed to preserve the same in good working order and condition and to comply with the Operating Standard. In addition, all damage or injury to any part of the Facility, or to its fixtures, equipment and appurtenances, or to the sidewalks or curbs adjacent to the Facility, whether requiring structural or nonstructural repairs, caused by or resulting from (i) the moving of any FF&E or (ii) any act, omission, neglect or improper conduct of, Tenant’s servants, employees, invitees or licensees, or (iii) Tenant’s Changes or the performance thereof, shall be repaired promptly, either by Landlord at Tenant’s sole cost and expense, to the satisfaction of Landlord or, at Landlord’s option, such repairs shall be performed by Tenant at Tenant’s sole cost and expense. All the aforesaid repairs shall be of a quality or class equal to the original work or construction and shall be made in accordance with the provisions of Article 6 hereof. If Tenant fails to proceeds with due diligence to make any repairs required to be made by Tenant, and such failure continues for five (5) Business Days after the giving of notice by Landlord (except that no such notice or five (5) Business Days period shall be required in any circumstance in which Landlord reasonably deems prompt action required in order to avoid risk of injury to person or damage to property, or which Landlord otherwise reasonably deems an emergency), same may be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. expenses thereby incurred by Landlord shall be collectible as Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionCharges. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making give Landlord prompt notice of any repairs by Landlorddefective condition in any mechanical, Tenantelectric, sanitary, plumbing, utility or other tenants to the Premises service system (or the Real Estate Tenant agrees to keep the heatingany part thereof) located in, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense servicing or passing through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLeased Property.

Appears in 1 contract

Samples: Operating Lease (Wilshire Enterprises Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx (a) Tenant Repairs -------------- Tenant agrees that during the full term of this Lease or any renewal thereof, it will makewill, at its own cost and expense, all keep the interior of the Leased Premises in good condition and shall not let the Leased Premises and equipment, fall out of repair, and that it will maintain the Leased Premises and equipment, and make repairs promptly as they become necessary. At commencement of this Lease, Landlord shall supply the Leased Premises with the required lamps, bulbs, ballasts, and replacements to the Premises not required to be made by Landlord, includingstarters, but replacements thereof shall be at Tenant's expense. Interior maintenance shall be deemed to include, but shall not be limited to, all repairs or replacements required for windows, doors, floors, interior repairswalls, ceilings, painting and decorating, and the repairs to heating, air conditioning, plumbing and electrical systems servicing the Premisesfixtures, and equipment. Tenant agrees shall change the filters in the ventilation system on regular intervals. Notwithstanding, the provisions of this Subparagraph(16)(a), Tenant shall not be obliged to do all redecorating, remodeling, alteration, and painting required make such repairs as are necessitated by it during fire or other perils provided for by extended coverage clauses (whether or not caused by the term active or passive negligence of the Lease Tenant) for which damage or loss insurance is carried by the Landlord. Tenant accepts all equipment "as is". Tenant shall at its own all times after commencement of Tenant's business operations at the Demised Premises maintain, at Tenant's sole cost and expense, to pay a service contract with a reputable heating, ventilating and air conditioning service and repair firm for any the provision of such service and repairs to the Premises Demised Premises, which shall provide that such contract may not be canceled, materially changed or not renewed without at least thirty (30) days advance written notice to Landlord at the Real Estate made necessary by any negligence or carelessness address in the manner set forth in Section 25 of Tenant or any the Prime Lease. A copy of its agents or employees or persons permitted on the Real Estate by such contract shall be deposited promptly upon commencement of Tenant's obligation to procure same, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to each replacement thereof shall be deposited with Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to promptly upon Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt 's execution of same. CONDITION OF PREMISES.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Repairs. 8. Xxxxxxxx LESSOR agrees to keep and maintain the Building as a first class office building, in good conditionorder and repair. Without limiting the foregoing, LESSOR will keep in good order and repair, and maintain and replace as needed (the cost of which shall be included in CAM charges): all fixtures serving, but not located within the perimeter of, the Premises, including but not limited to, water, plumbing, sewer, HVAC, fire/life safety, electrical and sprinkler systems. If any such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of duty by LESSEE, its agents, servants, employees or invitees, LESSEE shall pay to LESSOR the actual cost of such maintenance and repairs. LESSEE shall at once report in writing to LESSOR any known defective or damaged condition of the Premises which LESSOR is required to repair pursuant to this Paragraph and LESSEE's failure to report to LESSOR any such condition or defect shall make LESSEE responsible to LESSOR for any liabilities, costs, expenses, and attorneys' fees incurred by LESSOR as necessary a result of such defect or damage. LESSOR shall not be obligated to commence non-emergency repairs or to perform routine maintenance of the foundationsPremises for a period not to exceed five (5) days following written notice to LESSOR of the need for such repair or maintenance. Emergency repairs shall be commenced as quickly as is reasonably practicable for purposes of this LEASE, exterior walls and repairs involving the roof air conditioning system shall be deemed to be emergency repairs). There shall be an abatement of rent after five (5) days of non-use of the Premises, but no other liability of LESSOR by reason of any injury to or interference with LESSEE's business arising from the making of any repairs, alterations or improvements in or to any portion of the Office Building or the Premises, or in or to fixtures and equipment therein. Xxxxxx agrees that it will makeLESSEE will, at its own cost and expense, all repairs keep and replacements maintain the Premises and every part thereof in good order and repair except those portions of the Premises to be repaired by LESSOR expressly hereunder. LESSEE shall return the Premises to LESSOR at the expiration or sooner termination of this LEASE in as good condition and repair as when first received, reasonable wear and tear and casualty excepted. All damage or injury to the Premises not required Office Building, Premises, the Common Areas, or the equipment serving same, caused by or resulting from LESSEE's misuse, or the act or negligence of LESSEE, its agents, employees, licensees, invitees or visitors shall be promptly reported to be made LESSOR and repaired by Landlord, including, but not limited to, all interior repairs, LESSOR at the sole cost and the heating, air conditioning, plumbing expense of LESSEE and electrical systems servicing the Premises. Tenant LESSEE hereby agrees to do all redecorating, remodeling, alteration, pay such amounts on demand as Additional Rent. LESSEE shall keep in good order and painting required by it during the term of the Lease repair at its own LESSEE'S sole cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing that portion of the HVAC system serving water, plumbing, sewer, electrical and sprinkler systems located within the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being perimeter of the essencePremises. Tenant LESSOR shall deliver a copy of the service contract assign to Landlord within ten (10) days after request. If Tenant fails LESSEE any and all warranties applicable to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESsuch items.

Appears in 1 contract

Samples: Corporation Lease Agreement (Coastal Bank Corp)

Repairs. 87.01. Xxxxxxxx agrees 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 maintain preserve the same in good working order and condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements With respect to the Premises not required to be made by LandlordBuilding systems serving the demised premises, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation responsible for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning repair and testing maintenance of Tenant's internal air-distribution system to the point at least quarterlywhich the same connects to the main distribution duct for the demised premises, (ii) any servicing, repair and maintenance repair or replacement of filters, belts or other items covered by such a standard contractthe internal electrical system to the panel box serving the demised premises, and (iii) an annual service report repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the end same join the main vertical risers of each calendar yearthe Building. Such annual report All such repairs and maintenance with respect to such Building systems shall be performed by contractors or tradesmen set forth on the Approved List. As to work which does not involve Building systems, Landlord hereby agrees not to unreasonably withhold or delay its consent to Tenant's request for approval of any contractor or tradesman not on the Approved List, provided Tenant supplies Landlord with reasonable information with respect to Landlord within three (3) days of request; time being such contractor or tradesman. Except as otherwise provided in Section 9.05 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 essence. 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 deliver a copy of be, in quality and class equal to the service contract to Landlord within ten (10) days after requestoriginal work or installations. If Tenant fails to maintain make such repairs, restoration or replacements, same may be made by Landlord at the service contract, Landlord may do so expense of Tenant and pass these costs along to Tenant. such expense shall be collectible as additional rent and shall be paid by Tenant shall pay the cost thereof within ten (10) 15 days after receipt rendition of same. CONDITION OF PREMISESa xxxx therefor.

Appears in 1 contract

Samples: Interep National Radio Sales Inc

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it (A) Landlord shall during the term of the this Lease at its own cost and expense, to pay for any make all necessary repairs or alterations to the property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or the Real Estate alterations shall be made necessary by any reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence or carelessness of Tenant or anyone claiming under Tenant, by reason of a default in the performance or observance of any of its agents agreements, conditions or employees or persons permitted other provisions on the Real Estate part of Tenant to be performed or observed hereunder, by Tenantreason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall make all such repairs or alterations as may be entitled necessary, except as otherwise required under Article 13 (A). Landlord shall not be deemed to no compensation for inconvenience, injuryhave committed a breach of any obligation to make repairs or alterations or perform any other act unless (1) Landlord shall have made such repairs or alterations or performed such other act negligently, or loss (2) Landlord shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of business arising from which there has been failure of performance and shall have failed to make such repairs or alterations or performed such other act within a reasonable time after the making receipt of any repairs by such notice and in the event of a breach referred to in Clause (2) of this sentence, Landlord, Tenant, or other tenants 's liability shall be limited to the Premises cost of making such repairs or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal alterations or extension terms of performing such other act. As used in this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal the expressions "exterior walls" and customary rates, for the servicing of the HVAC system "roof" do not include rooftop heating and/or air conditioning units serving the entire Demised Premises that provides forexclusively or glass, at a minimumwindows, (i) inspectiondoors, cleaning and testing at least quarterlywindow sashes or frames, (ii) any servicing, maintenance repair door frames or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESsign belt.

Appears in 1 contract

Samples: Lease Agreement (A123 Systems Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionTenant, and repair as necessary after the foundations, exterior walls and the roof commencement of the Premises. Xxxxxx agrees that it will maketerm of this Lease, shall, at its own cost and expense, all repairs and replacements to maintain the Premises not in as good condition and repair as the Premises were upon the commencement of this term, except for (1) reasonable wear and use during the term of this Lease, or any extension thereof, (2) structural repairs (3) repairs required to be made by LandlordLandlord pursuant to the provisions of paragraphs D and K of this Lease, including(4) repairs made necessary by reason of fire or other casualty, or by the negligent acts or omissions by Landlord or is agents or (5) as otherwise specifically provided for in this Lease. U. DESTRUCTION OR DAMAGE BY FIRE OR OTHER HAZARDS. The parties hereto agree that if the improvements erected or to be erected upon the Premises are partially or totally destroyed or damaged by fire or other hazard then Landlord shall promptly provide Tenant with an estimated time frame for completion of the restoration and promptly repair and restore such improvements as soon as it is reasonably practical to restore them so that they are restored substantially to the prior existing condition, subject to such changes as Tenant may reasonably require, and provided, however, that such changes will not increase the cost of restoration unless Tenant agrees to pay for such increased cost. Due allowance, however, shall be made for reasonable time necessary for Landlord to adjust the loss with the insurance companies insuring the Premises at the time of the happening of the fire or the casualty, but in no event shall such adjustment result in Landlord not limited tobeing obligated to make such restoration, all interior repairsand in any event the restoration must commence within 45 days after the happening of such fire or other casualty, and the heatingcompletion thereof must be pursued diligently after such fire, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injurycasualty, or loss disaster with reasonable allowance made for delay occasioned by strike, lockouts, or conditions beyond the control of business arising from the making of any repairs by Landlord, Tenantbut in any event, said restoration must be completed on or other tenants to before one year after the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms happening of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESfire

Appears in 1 contract

Samples: Commercial Lease (Intuit Inc)

Repairs. 8Lessor shall keep the foundations and structural supporting ------- members of the Premises in good order, condition and repair. Xxxxxxxx Lessee agrees to keep clean, repair and maintain in good condition, order and repair as condition and to replace whenever necessary all portions of the foundations, exterior walls and Premises not enumerated in paragraph 11 including but not limited to the roof nonstructural interior portions of the Premises, the show windows and moldings, doors, closures, windows, plate and window glass, the floors, and to assume and pay for the general maintenance, cleaning, repair and replacement where necessary of the plumbing, electric and sewage systems, facilities, and appliances which are located within the interior of the Premises, and the entire heating and air conditioning system. Xxxxxx agrees that it will makeLessee shall, at its own cost expense in the spring and expensefall of each year, all repairs and replacements to the Premises not required to be have a preventative maintenance service call made by Landlorda reputable contractor acceptable to Lessor for the purpose of inspecting, includingcleaning, but not limited to, all interior repairs, maintaining and the heating, air conditioning, plumbing and electrical systems servicing the Premisesheating and air conditioning system. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during Lessee shall make available upon the term request of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver Lessor a copy of the service contract to Landlord within ten (10) days after requestreport or paid invoice by June 1st and November 1st respectively. If Tenant fails Lessor, at its option, may have said spring and fall service calls performed, the cost of which shall be paid by Lessee. Lessee will keep the inside and outside of all glass in the doors and windows of the Premises clean. Should Lessee fail to maintain the service contractand repair Premises as deemed necessary by Lessor, Landlord Lessor may do so make such repairs at Lessee's expense and pass these costs along to Tenant. Tenant Lessee shall pay promptly reimburse Lessor for the cost thereof. The Lessor or its legal representatives may, at all reasonable hours, enter upon said Premises for the purpose of examining the condition thereof within ten (10) days after receipt and making such repairs as Lessor deems necessary and to exhibit Premises to prospective purchasers or lessees. Lessor shall not interrupt or interfere with Lessee's use of same. CONDITION OF PREMISESthe Premises in connection with such inspections or repairs except as may be reasonably necessary under the circumstances.

Appears in 1 contract

Samples: 1 Lease (Allegiant Bancorp Inc)

Repairs. 8Owner shall maintain and repair the exterior of and the public portions of the building. Xxxxxxxx agrees 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) and 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 maintain the building, whether structural or non-structural in good conditionnature, 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 as necessary all damage to the foundations, exterior walls building and the roof demised premises caused by the moving of Tenant's fixtures, furniture or equipment. All the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all aforesaid repairs and replacements shall be of quality or class equal to the Premises not original work or construction. If Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by the Owner at the expense of Tenant, and the heatingexpenses thereof incurred by Owner shall be collectible, air conditioningas additional rent, plumbing after rendition of a bill xx 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 located in the demised premises and electrical systems servicing following such notice, Owner shall remedy the Premisescondition 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 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 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. It is specifically agreed that Tenant shall not be 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. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of any action for damages for breach of contract. The provisions of this Article 4, with respect to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant which Article 9 hereof shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESapply.

Appears in 1 contract

Samples: Medsite Com Inc

Repairs. 8. Xxxxxxxx agrees to maintain in good condition(A) Landlord shall, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expensethis Lease, to pay for any make all necessary repairs or alterations to the property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or the Real Estate alterations shall be made necessary by any reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence or carelessness of Tenant or anyone claiming under Tenant, by reason of a default in the performance or observance of any of its agents agreements, conditions or employees or persons permitted other provisions on the Real Estate part of Tenant to be performed or observed hereunder, by Tenantreason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall make all such repairs or alterations as may be entitled necessary, except as otherwise required under Article 13(A). Landlord shall not be deemed to no compensation for inconvenience, injuryhave committed a breach of any obligation to make repairs or alterations or perform any other act unless (1) Landlord shall have made such repairs or alterations or performed such other act negligently, or loss (2) Landlord shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of business arising from which there has been failure of performance and shall have failed to make such repairs or alterations or performed such other act after the making receipt of any repairs by such notice and in the event Initials: JPF. SPM. 5 of a breach referred to in Clause (2) of this sentence, Landlord, Tenant, or other tenants ’s liability shall be limited to the Premises cost of making such repairs or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal alterations or extension terms of performing such other act. As used in this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal the expressions “exterior walls” and customary rates, for the servicing of the HVAC system “roof” do not include rooftop heating and/or air conditioning units serving the entire Demised Premises that provides forexclusively or glass, at a minimumwindows, (i) inspectiondoors, cleaning and testing at least quarterlywindow sashes or frames, (ii) any servicing, maintenance repair door frames or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESsign belt.

Appears in 1 contract

Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements (a) Prior to the Premises not required to be made execution of this lease Lessee shall have identified each item of defect within the premises which Lessor agrees, by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expenseLessor’s endorsement thereon, to pay for any repairs to the Premises repair or the Real Estate made necessary by any negligence or carelessness replace. Said items of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement are listed in Schedule A, entitled “Schedule of filtersRepairs Prior to Lessee’s Possession”, belts attached hereto and incorporated herein by reference. Upon the execution of this lease, Lessor shall perform all items of repair or other items covered by such a standard contractreplacement listed in Schedule A before Lessee takes possession, or occupies, the premises, whether actually or constructively. As used herein, and elsewhere in this lease, “the premises” shall include the real property subject to this lease, and all fixtures, equipment, furnishings and furniture subject to this lease, including those listed in said Schedule A. Lessee’s occupancy, or taking possession of the premises, shall be deemed, conclusively, Lessee’s full satisfaction of Lessor’s performance of the repair or replacement work set forth in said Schedule A, and shall further constitute the complete waiver by Lessee of whatever items of said work that remain unperformed, if any. By and upon Lessee’s occupancy or taking possession of the premises, Lessee covenants and agrees, and Lessor relies thereon, that (iiia) an annual service report Lessee has independently examined and knows the physical condition of the premises, and every part thereof, and has received the same in good order and repair; (b) the premises, and every part thereof, are, and shall be deemed and presumed conclusively to be, free of defects of any and whatever kind; (c) all defects or disrepair of the premises, or any part thereof, discovered during Lessee’s occupancy or possession of the premises shall be deemed and presumed conclusively to have occurred after Lessee took occupancy or possession of the premises and during such occupancy or possession, for which Lessee is solely responsible; (d) Lessee is absolutely estopped from claiming or asserting, at any time after Lessee’s occupancy or possession of the premises, that the premises, or any part thereof, were defective or were not in good order or repair at the end execution of each calendar year. Such annual report shall be provided this lease; and (e) no statements or representations as to Landlord within three (3) days of request; time being the physical condition of the essence. Tenant shall deliver a copy premises, or the condition of repair of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain premises, have been made by or on behalf of Lessor prior to, or contemporaneously with, the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay execution of the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESlease.

Appears in 1 contract

Samples: Business Property Lease (Passionate Pet, Inc.)

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionTenant shall, and repair as necessary at Tenant's own expense, keep the foundations, exterior walls and the roof interior of the Premises. Xxxxxx agrees that it will make, at its own cost including all improvements, fixtures and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairsfurnishings therein, and the heating, air conditioningventilating and air-conditioning installed by the Tenant, plumbing plumbing, electrical and electrical mechanical systems servicing serving the PremisesPremises and the Emergency Generator, the Communication Equipment and any other equipment serving the Premises (including those items serving the Premises but located on the roof of the Building), in good order, repair and condition at all times during the Lease Term. Tenant agrees to do all redecoratingshall, remodelingat Tenant's sole cost, alterationenter into a service contract for the Emergency Generator with a service provider reasonably approved by Landlord, which contract shall remain in effect throughout the Lease Term. Tenant shall provide Landlord with a copy of such contract promptly after full execution thereof, and painting required shall provide Landlord with a copy of monthly service reports prepared by it during the term service provider promptly after Tenant's receipt thereof. 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 caused by Tenant, its employees, agents and/or contractors excluding normal wear and tear and damage or destruction by any casualty (in which case Article 11 shall apply); provided however, 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 Lease cost thereof (to be uniformly established for the Building and not to exceed ten percent (10%)) 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 twenty (20) days after being billed for same. Subject to Article 27 below, Landlord may, but shall not be required to, enter the Premises at its own cost and expense, all reasonable times to pay for any make such repairs to the Premises or alterations or repairs to the Real Estate made Building or to any equipment located in the Building as Landlord shall reasonably deem necessary or as Landlord may be required to do by this Lease or by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any negligence similar law, statute, or carelessness ordinance now or hereafter in effect. Landlord shall operate and maintain the Common Areas, the structural portions of the Building (other than the items Tenant or any is expressly required to repair pursuant to the provisions of its agents or employees or persons permitted on the Real Estate by Tenantthis Article 7 above), and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system all equipment serving the entire Premises that provides forCommon Areas in good order, at a minimum, (i) inspection, cleaning repair and testing at least quarterly, (ii) any servicing, maintenance repair or replacement condition consistent with the practices of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at owners of comparable projects in the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESSorrento Mesa area.

Appears in 1 contract

Samples: Lease (Advanced Tissue Sciences Inc)

Repairs. 8A. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good, sanitary order, condition, and repair. Xxxxxxxx agrees Lessee shall, at Lessee's sole cost and expense, keep the Premises and every part thereof, interior and exterior and roof, in good and safe condition and repair including plate glass, electrical wiring, plumbing, heating and or air conditioning installations, and any other system or equipment upon the Premises. Lessee shall also maintain in good condition such portion adjacent to maintain the Premises, including front and side yards, sidewalks, driveways and shrubbery which would otherwise be required to be maintained by Lessor, damage thereto from causes beyond the reasonable control of Lessee and ordinary wear and tear excepted. Lessee shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Lessor in good condition, ordinary wear and repair tear and damage caused beyond the reasonable control of Lessee excepted. Except as necessary specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the foundations, exterior walls Premises or any part thereof and the roof parties hereto affirm that Lessor has made no representations to Lessee respecting the condition of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at Building except as specifically herein set forth. In the event the Lessor or its own cost and expense, agents call upon the Lessee to pay for any make repairs to the Premises as required by its agents, architect, or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenantengineer, and the Lessee fails to maintain the Premises in have such repairs carried out within 14 days by a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants competent contractor to the Premises or Lessor's satisfaction, the Real Estate Tenant agrees to keep Lessor shall have the heatingright, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through after the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing expiry of the HVAC system serving the entire Premises that provides forbeforementioned 14 days notice, at to order a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair contractor to carry out or replacement of filters, belts or other items covered by complete such a standard contract, and (iii) an annual service report at the end of each calendar yearrepairs to Lessor's satisfaction. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant The Lessee shall pay the cost thereof of such repairs within ten seven (107) days after of the receipt of samethe amount of the cost. CONDITION OF PREMISESIn the event that payments is not made by Lessee within said seven (7) day period, then interest at the Bank of America prime rate plus 2% shall be added to the amount due. SEE ADDENDUM.

Appears in 1 contract

Samples: Lease Agreement (Dickie Walker Marine Inc)

Repairs. 8. Xxxxxxxx agrees to Landlord shall maintain the roof and exterior walls of the Building and the Premises in good conditionrepair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and repair as necessary the foundations, exterior walls and the roof doorways of the Premises. Xxxxxx agrees that it will makeTenant shall also be responsible for repair, at its own cost replacement and expensemaintenance of any exterior walls if the necessity therefore should be the result of Tenant's negligence or the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all repairs and replacements to the Premises not required to be made by Landlordelectrical, includingplumbing, but not limited to, all interior repairs, and the heating, air conditioningconditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and electrical other systems servicing inside of the Premises if caused by the acts or omissions of Tenant, or Tenant's agents, employees, invitees or licensees inside the Premises. Tenant agrees to do shall effect all redecoratingsuch maintenance, remodeling, alteration, repairs and painting required by it during the term of the Lease replacements at its own cost expense and expenseemploying materials and labor of a kind and quality equal to the original installations. If Tenant shall fail to maintain, repair or replace equipment or other installations in or about the Premises as above provided, Landlord, immediately after giving Tenant notice of the necessity for such maintenance, repair or replacement may accomplish the required work and add the costs thereof to pay the next due rental installment(s) but Tenant shall not be liable to the Landlord for any repairs failure to fulfill the Premises or obligations of this paragraph until such time as the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled notified, as aforesaid, in writing of the requirement therefore, provided however, in the event of a bona fide emergency, Landlord need not give such notice to no compensation Tenant prior to performing such work. With regard to hearing and air conditioning systems in the Premises, Landlord shall provide for inconveniencethe same to be in good working order upon Tenant's occupancy of the Premises. In addition, injury, or loss of business arising from Tenant shall maintain at Tenant's sole expense a maintenance and service contract with a reputable heating and a1r conditioning service company for the making of heating and air conditioning systems and provide that such service contract shall not be canceled for any repairs by reason without a ten ( l 0) day notice to Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided deliver to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the such maintenance service contract to Landlord within ten (10) days after requestcontract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the service contractheating and air conditioning system as needed, Landlord at its sole option may do so accomplish the same and pass these bxxx the costs along thereof to Tenant. Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the same to Tenant shall pay be an event of default herein. Landlord shall be responsible for the cost thereof within ten (replacement of required components of the HV AC units as required, so long as Tenant maintains HVAC units to servicing requirements of this Lease. 10) days after receipt of same. CONDITION OF PREMISES.

Appears in 1 contract

Samples: Lease Agreement (Bank of South Carolina Corp)

Repairs. 84. Xxxxxxxx agrees Owner shall maintain and repair the exterior of and the public portion 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) and the windows and window frames and, the fixtures and appurtenences therein and at Tenant’s sole cost and expense promptly make all repairs a thereto and to maintain the building, whether structural or non-structural in good conditionnature, 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 as necessary all damage to the foundations, exterior walls building and the roof demised premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all aforesaid repairs and replacements shall be of quality or class equal to the Premises not original work or construction. It Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by the Owner at the expense of Tenant, and the heatingexpenses thereof incurred by Owner shall be collectible, air conditioningas additional rent, plumbing after rendition of a bxxx 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 electrical systems servicing following such notice, Owner shall remedy the Premisescondition 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 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 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. It is specifically agreed that Tenant shall not be 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. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of any action for damages for breach of contract. The provisions of this Article 4 with respect to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasewhich Article 9 hereof shall apply. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESWindow Cleaning:

Appears in 1 contract

Samples: Nara Bancorp Inc

Repairs. 8. Xxxxxxxx agrees Subject to maintain the provisions of Paragraph 13, the Lessee shall, at the Lessee's own expense, keep the Premises in good conditionorder, condition and repair as necessary during the foundationsTerm, exterior walls and including the roof replacement of all broken glass with glass of the Premisessame size and quality, with signs thereon, under the supervision and with the approval of the Lessor. Xxxxxx agrees that it will makeIf the Lessee does not make repairs promptly and adequately, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, includingLessor may, but not limited toneed not, all interior make repairs, and the heatingLessee shall pay promptly the cost thereof. At any time or times, air conditioningthe Lessor, plumbing and electrical systems servicing either voluntarily or pursuant to governmental requirement, may, at the Lessor's own expense, make repairs, alterations or improvements in or to the Building or any part thereof, including the Premises, and, during operations, may close entrances, doors, corridors, elevators or other facilities, all without any liability to the Lessee by reason of interference, inconvenience or annoyance. Tenant agrees The Lessor and its beneficiaries shall not be liable to do all redecoratingthe Lessee for any expense, remodelinginjury, alterationloss or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley. The Lessee shall pay the Lessor for overtime and painting required by it for any other expense incurred in event repairs, alterations, decorating or other work in the Premises are not made during ordinary business hours at the Lessee's request. Lessor, at Lessor's own expense, shall maintain in good order, condition and repair during the term Term, the roof, foundation and structural components of the Lease Building other than the Premises, such that the same shall be at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises all times in a safe, clean, neat, clean and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilatingin full compliance with all applicable laws, and conditioning (HVAC) system covered under in a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing condition at least quarterlyas good as that maintained at other comparable office buildings within the City of Chicago. Lessor may include within the Operating Expenses, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLessor's expenses incurred in complying with this paragraph.

Appears in 1 contract

Samples: Office Lease (Tunes Com Inc)

Repairs. 8. Xxxxxxxx agrees to Landlord shall, throughout the Term, maintain in good condition, and repair as necessary the foundationsbasic structure and public portions of the 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 Premisespublic lobby and stairways within the Building and the sidewalks, parking areas, curbs, passageways, and boardwalk areas adjoining or appurtenant to the Building. Xxxxxx agrees that it will makeTenant shall, throughout the Term, take good care of the interior of the Demised Premises and Tenant's fixtures and appurtenances therein and at its own Tenant's cost and expense, shall make all non-structural repairs thereto as and replacements when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty excepted. Notwith- standing the foregoing, all damage or injury to the Demised Premises not 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, proximately 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. Tenant shall also promptly repair all damage to the Building and the Demised Premises proximately caused by the moving of Tenant's fixtures, 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 required to be made by LandlordTenant hereunder, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing same may be made by Landlord at the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness expense of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant such expense shall be entitled to no compensation for inconvenience, injury, collectible as Additional Rent hereunder immediately upon rendition of a xxxx or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essencestatement thereof. Tenant shall deliver to Landlord prompt notice of any defective condition in any plumbing, HVAC system or electrical lines located in, servicing or passing through the Demised Premises and following such notice, Landlord shall remedy the condition with reasonable diligence but at the expense of Tenant if the repairs are necessitated by damage or injury attributable to Tenant, or to Tenant's clients, invitees or licensees. Landlord shall pay for all repairs necessitated or caused by damage or injury attributable to Landlord, Landlord's servants, agents, employees and contractors. Landlord shall assign to Tenant all warranties or guaranties applicable to Landlord's Work which are assignable, to the extent Tenant has any responsibilities in connection with the warrantied or guaranteed work. There shall be no allowance to Tenant for a copy diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making or failing to make any repairs, alterations, additions or improvements in or to any portion of the service contract Building or the Demised Premises or in and to Landlord within the fixtures, appurtenances or equipment thereof provided that Tenant is not materially inconvenienced thereby for a period in excess of ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESbusiness days.

Appears in 1 contract

Samples: Marine Management Systems Inc

Repairs. 8. Xxxxxxxx agrees to Landlord shall maintain in good condition, and repair as necessary the foundations, exterior walls Common Areas and the exterior walls, roof and foundation of the Premises. Xxxxxx agrees that it will make, at its own cost Building and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, air conditioning, electrical, plumbing and conditioning (HVAC) system covered under a preventive maintenance contract mechanical systems provided by Landlord in the Building, the cost of which shall be included in Operating Charges. Except as set forth herein, Tenant shall, at Tenant’s expense through its expense, keep the Premises and every part thereof, in good condition and repair, and Tenant shall also be responsible for the entire Lease Term cost of all repairs and any renewal replacements otherwise the responsibility of Landlord hereunder that are required by reason of acts or extension terms negligence of this LeaseTenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises (as opposed to general office use). Tenant shall enter into a standard maintenance contractbe responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, annually 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 (except for exterior glass which is subject to reimbursement as provided in section 3.2 of this Lease shall be repaired by Landlord). Tenant shall not defer any repairs or replacements to the Premises (except those due to normal wear and tear) by reason of the anticipation of the expiration of the Term. Landlord, at Landlord's option, but only after Tenant's failure to correct same within 30 days after written notice to Tenant of its failure, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of Tenant hereunder which Tenant failed to do, 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 costs thereof shall be billed directly to and paid by Tenant or such other tenants as the case may be as additional rent. Except as aforesaid, in the event that, at normal and customary ratesthe request of Tenant, for the Landlord performs any maintenance, repairs or servicing of the HVAC system serving Premises which is the entire Premises that provides forobligation of Tenant hereunder, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. then Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLandlord directly therefor.

Appears in 1 contract

Samples: Metavante Corp

Repairs. 8. Xxxxxxxx agrees The Lessor shall have no duty to maintain in good conditionthe Lessee to make any repairs or improvements to the premises except structural repairs necessary for safety and tenantability, repairs necessary to provide water, sewer, electricity and HVAC service to the Laboratory space, and repair such other repairs as necessary are provided for herein. The Lessee shall not cause or permit any waste, damage, or injury to the foundations, exterior walls and the roof of the Premisespremises. Xxxxxx agrees that it will makeThe Lessee, at its own cost and sole expense, shall keep the premises as now or hereafter constituted with all improvements made thereto in good condition (reasonable wear and tear excepted), and shall make all repairs, replacements, and renewals necessary to maintain the premises. All repairs, replacements, and renewals shall be at least equal in quality of materials and workmanship to that originally existing in the premises. In the event that the Lessee fails to make any such repairs and replacements to within thirty (30) days after written demand from the Premises not required Lessor specifying the repairs and replacements needed to be made by Landlorddone that are the responsibility of the Lessee, includingthe Lessor may, but shall not limited be required to, all interior repairsmake such repairs and replacements for the Lessee’s account, and the heatingexpense thereof shall constitute and be collectible as additional rent; provided, air conditioninghowever, plumbing that if the Lessee has commenced diligently to effect such repairs or replacements but such repairs or replacements can not be completed within said thirty-day period, the Lessee shall have a reasonable period of time to complete such repairs or replacements before the Lessor can make such repairs or replacements on the Lessee’s behalf. The Lessee shall indemnify, defend and electrical systems servicing hold the Premises. Tenant agrees to do Lessor harmless against all redecoratingcosts, remodelingexpenses, alterationliabilities, losses, damages, suits, fines, penalties, claims, and painting required by it during demands, including reasonable counsel fees, attributable directly to Lessee’s failure to comply with the term of foregoing, and the Lease at its own cost and expense, to pay Lessee shall not call upon the Lessor for any repairs to the Premises disbursement or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenantoutlay whatsoever in connection therewith, and to maintain expressly releases and discharges the Premises in a safeLessor of and from any liability therefor. The Lessor shall indemnify, cleandefend and hold the Lessee harmless against all costs, neatexpenses, liabilities, losses, damages, suits, fines, penalties, claims, and sanitary condition. Tenant shall be entitled demands, including reasonable counsel fees, attributable directly to no compensation for inconvenience, injury, or loss of business arising from Lessor’s failure to comply with the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilatingforegoing, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and Lessor shall not call upon the Lessee for any renewal disbursement or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contractoutlay whatsoever in connection therewith, and (iii) an annual service report at expressly releases and discharges the end Lessee of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESfrom any liability therefor.

Appears in 1 contract

Samples: Science Laboratory Lease Agreement (ArborGen Inc.)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will makeThe Landlord, at its own cost and expense, shall: (i) maintain the Premises, the Building, and the Common Areas in good working order and repair; (ii) malce all interior and exterior structural repairs as and replacements when needed; and (iii) repair or replace all building materials, fixtures and equipment required for the normal use of the Premises by the Tenant. Notwithstanding the above to the contrary, provided that such damage was not caused by the Landlord, its agents, employees or licensees: (i) the Landlord shall not have any obligation to repair any property on the Premises provided or installed by the Tenant which the Landlord shall have the right to require the Tenant to remove from the Premises or any alteration made to the Premises not required by, for, or at the direction of the Tenant; and (ii) the Tenant shall, without expense to be made by the Landlord, including, but not limited to, replace all interior repairs, and glass broken or damaged by the heating, air conditioning, plumbing and electrical systems servicing Tenant in the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it Premises during the term Term with glass of the Lease at its own same kind and quality as that broken or damaged. In addition, the cost and expense, to pay for of any repairs to the Premises Premises, Building, or its Common Areas caused by the Real Estate made necessary by any negligence or carelessness willful acts of the Tenant or any of its agents customers, licensees, agents, servants or employees or persons permitted on employees, other than associated with ordinary wear and tear, shall be borne by the Real Estate Tenant and shall be reimbursed to the Landlord with the next Rent payment after written demand for reimbursement is made by the landlord. When requested by ·the Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant this written demand for reimbursement shall be entitled accompanied by reasonable supporting documentation. The Tenant's reimbursement obligation shall be limited to no compensation for inconvenience, injury, or loss of business arising from those reasonably incurred costs over the making of any repairs amounts reimbursed by insurance carried by the Landlord, Tenant, or other tenants . The Landlord shall make available to the Premises or Tenant any warranties the Real Estate Tenant agrees Landlord has received which are applicable to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at repairs to be paid for by the Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISES.

Appears in 1 contract

Samples: Lease Agreement (Dyadic International Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition7. Tenant shall take good care of the premises and fixtures therein and, subject to the provisions of paragraph 5 hereof shall make, as and when needed, as a result of misuse or neglect by Tenant or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees all repairs in and about the demised premises necessary to preserve them in good order and condition, which repairs shall be entitled in quality and class equal to the original work. However, Landlord after twenty (20) days prior written notice to Tenant if Tenant shall not have commenced to make such repair within such twenty (20) day period, except in an emergency, in which event no compensation notice shall be required, may repair, at the expense of Tenant, all damage or injury to the demised premises or to the building or to its fixtures, appurtenances or equipment, done or caused by Tenant or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invites, or caused by moving property of Tenant in or out of the building, or by installation or removal of furniture or other property, or resulting from fire, air-conditioning unit or system short circuits, overflow or leakage of water, steam, illuminating gas, sewer gas, sewage or odors, or by frost, or by bursting or leaking of pipes or plumbing works, or gas, or from any other cause, due to the carelessness, negligence, or improper conduct of Tenant, or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees. Except as provided in paragraph 13 hereof, there shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, injuryannoyance or injury to person(s), property or loss of business arising from the making of any repairs repairs, alterations, additions or improvements in or to any portion of the building or the premises or in or to the fixtures, appurtenances or equipment, nor shall there be any liability upon the Landlord for failure to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in or to the fixtures, appurtenances or equipment, The Tenant shall and does hereby indemnify and hold the Landlord harmless and free from all liability for all injuries suffered by any person(s), and for damages sustained to property, and for any monies paid out by Landlord in settlement of any claims or judgements resulting from such damages or injuries, as well as for all expenses and attorney's fees incurred by Landlord in connection therewith, except if caused by negligence or acts of Landlord, Tenantits agents, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heatingrepresentatives, ventilating, employees and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasecontractors. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESINITIAL /s/ [ILLEGIBLE] HERE WINDOW CLEANING

Appears in 1 contract

Samples: Norton McNaughton Inc

Repairs. 85.1. Xxxxxxxx agrees Tenant shall take good care of the Demised Premises and fixtures therein and, subject to maintain the provisions of Article 4 hereof, shall, except for ordinary wear and tear, make all repairs in and about the Demised Premises necessary to preserve them in good order and condition, which repairs shall be in quality and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements class equal to the Premises not required to be made by original work. Landlord, includinghowever, but not limited toshall repair the Building plumbing, all interior repairs, and the heating, ventilating or air conditioning, plumbing conditioning and electrical systems servicing and make structural repairs within the Demised Premises arising from ordinary wear and tear or through causes over which Tenant has no control, except as otherwise provided in this Lease. Landlord may repair, at the expense of Tenant, all damage or injury to the Demised Premises. Tenant agrees , or to do all redecoratingthe Building and its fixtures, remodeling, alteration, and painting required by it during the term appurtenances or equipment or to any of the Lease at its own cost and expenseareas used in connection with the operation of the Building, to pay for done by Tenant or Tenant's agents, servants, employees, contractors, visitors or licensees or caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or resulting from fire, heating, ventilating or air conditioning unit or system, short circuits, overflow or leakage of water, steam, gas, sewer gas, sewage or odors, or by frost or by bursting or leaking of pipes or plumbing works, or gas, or from any repairs other cause, due to the Premises carelessness, negligence, or the Real Estate made necessary by any negligence or carelessness improper conduct of Tenant or Tenant's agents, servants, employees, contractors, visitors or licensees. Landlord shall have the right to replace, at the expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in or about the Demised Premises unless caused by or due to the sole negligence of its agents Landlord, Landlord's agents, servants or employees or persons permitted employees. Except as provided in Article 10 hereof, there shall be no allowance to Tenant for a diminution of rental value, and no liability on the Real Estate part of Landlord by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for reason of inconvenience, injury, annoyance or loss of injury to business arising from the making of any repairs by Landlord, Tenantof, or other tenants the failure to make, any repairs, alterations, decorations, additions or improvements in or to any portion of the Premises Building or any of the areas used in connection with the operation thereof, or the Real Estate Demised Premises, or in or to fixtures, appurtenances or equipment, or by reason of the act or neglect of Tenant agrees or any other tenant or occupant of the Building; and in no event shall Landlord be responsible for any incidental or consequential damages arising or alleged to keep have arisen from any of the heatingforegoing matters. Tenant hereby waives all rights under the provisions of Sections 1932, ventilating1933, 1941 and conditioning (HVAC) system covered 1942 of the Civil Code of the State of California and all rights under a preventive maintenance contract at Tenant’s expense through any law in existence during the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into Lease authorizing a standard maintenance contract, annually written tenant to make repairs at normal and customary rates, for the servicing expense of a landlord or to terminate a lease upon the complete or partial destruction of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESleased premises.

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

Repairs. 8. Xxxxxxxx agrees Owner shall maintain and repair the public portions of the building, both exterior and interior, except that if Owner allows Tenant to erect on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workmanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its Tenant's own cost and expense, all repairs and replacements to shall cause the Premises not required same to be made covered by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premisesinsurance provided for hereafter in Article 8. Tenant agrees to do all redecoratingshall, remodeling, alteration, and painting required by it during throughout the term of this lease, take good care of the Lease demised premises and the fixtures and appurtenances therein, and at its own sole cost and expense, make all non-structural repairs thereto as and when needed to pay for any repairs preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. If the demised premises be or become infested with vermin, Tenant shall at Tenant's expense, cause the same to be exterminated from time to time to the Premises satisfaction of Owner. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for the 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 building including the erection or operation of any xxxxx, xxxxxxx or sidewalk shed, or in or to the demised premises or the Real Estate made necessary by any negligence fixtures, appurtenances or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionequipment thereof. It is specifically agreed that Tenant shall be not entitled to no compensation 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 in this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for inconvenience, injury, or loss damages for breach of business arising from contract. The provisions of this Article 4 with respect to the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESCasualty which are dealt with in Article 9 hereof.

Appears in 1 contract

Samples: Agreement of Lease (Harvey Electronics Inc)

Repairs. 8. Xxxxxxxx Tenant agrees at all times from and after delivery of possession of the Premises to maintain in good conditionTenant, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for repair and maintain the Premises and every part thereof in good and tenable condition including, but not limited to, floor coverings, utility meters, pipes and conduits exclusively serving the Premises, all fixtures, heating and air conditioning equipment and ducting installed by Landlord in the Premises, and all other equipment therein, the storefront or storefronts including plate glass, all Tenant's signs and signage, locks and closing devices, and all window sash, casement or frames, doors and door frames, ceilings, ceiling tiles and lighting, and all items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required with respect to the Premises by any governmental agency having jurisdiction, but excluding the roof structure, exterior walls, structural portions of the Premises and structural floor, which are the sole responsibility of the Landlord, unless the same are required to be modified because of Tenant's use of the Premises or Tenant's alterations, improvements, additions, fixtures or personal property. Tenant agrees to operate the air conditioning equipment serving the Premises during all business hours so that inside temperatures of the Premises are maintained within a range in which a majority of adults will be comfortable in the Premises. All glass, both exterior and interior, shall be maintained at Tenant's sole cost and expense, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size and quality. Tenant's failure to replace broken glass within seventy-two (72) hours following the occurrence of the breakage, or the failure by Tenant to replace same with glass of the same kind, size and quality, shall constitute a breach hereof which shall, at Landlord's sole and arbitrary discretion, entitle Landlord to exercise any and all rights herein and any and all legal and equitable rights available to Landlord in connection therewith. The foregoing notwithstanding, Tenant shall not be permitted to (i) go onto the roof of the Premises without Landlord's prior written approval, (ii) penetrate the roof membrane without Landlord's prior approval and, upon obtaining such approval, only by using Landlord's approved roofing contractor, or (iii) make any repairs to the Premises structural portion of the building or to any common building systems. If Xxxxxx refuses or neglects to make repairs and/or maintain the Real Estate made necessary Premises, or any portion thereof, including Xxxxxx's storefront(s), in a manner reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event, the cost of such work shall be paid by any negligence or carelessness Tenant promptly upon receipt of bills therefor. Failure of Tenant or to pay any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord said charges within ten (10) days after requestof receipt of bills therefor shall constitute a default hereunder. Upon any surrender of the Premises, Xxxxxx shall deliver the Premises to Landlord, upon the expiration or earlier termination of this Lease, in good order, condition and state of repair, ordinary wear and tear excepted, and excepting such items of repair as may be Landlord's obligation hereunder. Moreover, in the event that Xxxxxx has signage rights on the Building under this Lease, then, upon any surrender of the Premises, Tenant shall also remove any such signage and deliver such portion of the Building to Landlord in its/their original condition. Air Cargo Lease A-Mark 2014 - 14 - AIR CARGO CENTER LEASE Notwithstanding any provision of this Lease to the contrary, Tenant shall keep in good order and repair all heating and air conditioning equipment for the Premises. Xxxxxx agrees to enter into a regularly scheduled preventative maintenance/service contract (the "Service Contract") on or before the Lease Commencement Date with a maintenance contractor selected by Landlord, for the servicing of all heating and air conditioning systems and equipment within the Premises. The Service Contract shall include all scheduled maintenance as recommended by the equipment manufacturer as set forth in the operation/maintenance manual. Notwithstanding the foregoing, Landlord may (but shall not be obligated to) elect to maintain and/or service the heating and air conditioning equipment serving the Premises, in which event, Tenant shall pay to Landlord all costs and expenses for the repair, maintenance and replacement of all heating and air conditioning equipment for the Premises. If Tenant fails Landlord shall so elect to maintain the service contractheating and air condition equipment serving the Premises, Landlord may do so then, at Landlord's option, commencing on the Lease Commencement Date and pass these costs along to Tenant. thereafter on the first (1st) day of each calendar month of the Lease Term, Tenant shall pay to Landlord one-twelfth (1/12) of an amount estimated by Landlord to be Tenant's share of such heating and air conditioning expenses for the cost ensuing calendar year or balance thereof (including reasonable reserves). On or before April 1 of each calendar year, or as soon thereafter as practicable, Landlord shall furnish Tenant a statement covering the preceding calendar year and the payments made by Tenant with respect to such calendar year as set forth above. If Tenant's share of such heating and air conditioning expenses exceeds Tenant's payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of Landlord's statement. If Xxxxxx's payments exceed Xxxxxx's share of such heating and air conditioning expenses, Landlord shall have the option of (i) paying such excess to Tenant upon Landlord's delivery of such statement; or (ii) allowing Tenant to credit the excess against payments next thereafter to become due to Landlord for such expenses as set forth above. Failure of Tenant to pay any of the charges required by this Section to be paid when due shall constitute a material default under the terms of this Lease. Expenses incurred in connection with the operation, maintenance, repair and replacement of heating and air conditioning equipment by the party performing same shall include, but not be limited to, all sums expended in connection with such heating and air conditioning equipment for all general maintenance, lubrication and/or adjustments, cleaning and/or replacing filters, replacing belts, repairing and/or replacing worn out parts, repairing and/or replacing utilities, duct work and machinery, maintenance and insurance contracts carried on the heating and air conditioning equipment, and all other items of expense incurred by such party in connection with the operation, maintenance, repair and replacement of the heating and air conditioning equipment. Landlord shall maintain and repair, or cause to be repaired and maintained, in good condition and repair, the Common Areas of the Project and the foundations, exterior structural walls, and structural roof of the Building; provided, to the extent that such maintenance and repairs are caused by the negligence, willful misconduct, or breach of this Lease by Tenant or its employees, agents, representatives, contractors, or invitees, Tenant shall pay to Landlord as Additional Rent the reasonable cost of such maintenance and repairs plus a reasonable percentage not to exceed fifteen percent (15%) of the costs thereof to reimburse Landlord for all overhead, general conditions, fees, and other costs or expenses arising from Landlord's involvement with such repairs and replacements within five (5) days after being billed for the same. CONDITION OF PREMISESTenant waives and releases its right to make repairs at Landlord's expense under any law, statute, or ordinance now or hereafter in effect. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Xxxxxx's business arising from the making of or failure to make any repairs, alterations, or improvements in or to any portion of the Project or the Premises or in or to fixtures, appurtenances, and equipment therein. Air Cargo Lease A-Mark 2014 - 15 - AIR CARGO CENTER LEASE

Appears in 1 contract

Samples: Work Letter Agreement (A-Mark Precious Metals, Inc.)

Repairs. 8. Xxxxxxxx agrees to Landlord shall maintain in good condition, and repair as necessary the foundationspublic portions of the Building, both exterior walls and interior, all Building systems and the roof restrooms on the ninth (9th) floor, all in a manner consistent with comparable office buildings in the general proximity of the Premises. Xxxxxx agrees that it will makeBuilding, at its own cost and expense, all except for repairs and replacements to the Premises not maintenance required to be made performed by Landlord, including, but not limited to, all interior repairs, and Tenant in accordance with the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contractshall, annually written at normal and customary ratesthroughout the Term, for the servicing take good care of the HVAC system serving Premises and the entire Premises that provides forfixtures and appurtenances therein and at Tenant's sole cost and expense, at a minimummake all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, (i) inspection, cleaning reasonable wear and testing at least quarterly, (ii) any servicing, maintenance repair or replacement tear and damage for which Tenant is not responsible under the terms of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essencethis Lease excepted. Tenant shall deliver a copy pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing and subject to the terms of Article 9C hereof, 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 nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service contract or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to Landlord within the reasonable satisfaction of Landlord. Subject to the terms of Article 9C hereof, Tenant also shall repair all damage to the Building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment by or on behalf of Tenant, Tenant's subtenants, agents, employees, invitees or licensees. All the aforesaid repairs shall be of quality and class equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenantrendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Articles 10 and 29 hereof, there shall be no allowance to 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 Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, then, unless Tenant is required pursuant to this Lease to perform the repairs, maintenance, alterations or improvements, or to comply with any law which resulted in such windows being closed, darkened or bricked-up, Landlord shall perform such repairs, maintenance, alterations or improvements with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened or bricked-up, but the foregoing shall not require Landlord to engage overtime or premium-pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESlabor.

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make(a) Tenant shall, at its own cost and expense, keep in good order, condition and repair all repairs portions of the Premises, including but not limited to glass and replacements plate glass doors, fixtures, any special store front, interior walls and finish work, floors and floor coverings, and supplemental or special heating and air conditioning systems, except for normal wear and tear. Except as otherwise provided in this Xxxxxxxxx 0, Xxxxxx shall not be obligated to repair any Building Systems. Notwithstanding any provision to the Premises contrary, all damage or injury to the Building, or to its fixtures and appurtenances (including Building Systems), resulting from any act or omission of, or Alterations made by Tenant or persons within Tenant's control shall be repaired by Tenant at Tenant's sole cost and expense to the reasonable satisfaction of Landlord if the required repairs are 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 Tenant shall fail, after ten (10) days notice (or such shorter period as may be required because of an emergency) to proceed with due diligence to make required repairs, the same may be made by Landlord, including, but not limited to, all interior repairs, and the heatingexpenses incurred with interest at the Applicable Rate (as defined in Paragraph 30), air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord paid as Additional Rent within ten (10) days after requestdemand. If Tenant fails to maintain the service contractExcept as otherwise provided in this Subparagraph 6(a), Landlord may do so shall not be required to make any repairs or improvements to the Premises, other than structural, mechanical or electrical repairs necessary for safety and pass these costs along tenantability, and such repairs shall be made during Business Hours. (b) Landlord shall operate, maintain and make all necessary repairs to the Building Systems and the public portions of the Building in conformance with standards applicable to non-institutional, first-class office buildings in Atlanta, except for those repairs for which Tenant is responsible pursuant to this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall perform such work during Business Hours. Except 12 as expressly provided in this Lease, there shall be no allowance to Tenant shall pay for a diminution of rental value and no liability on the cost thereof within ten (10) days after receipt part of sameLandlord for 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 its fixtures, appurtenances or equipment. CONDITION OF PREMISES7.

Appears in 1 contract

Samples: Lease Agreement (Intacta Technologies Inc)

Repairs. 8. Xxxxxxxx agrees to Landlord shall maintain in good condition, and repair as necessary the foundations, exterior walls of and the roof public portions of the Building and ail Building systems servicing the Demised Premises. Xxxxxx agrees that it will makeTenant shall, throughout the term of this lease, take good care of the Demised Premises (which includes the setback space) including the windows and window frames and, the fixtures and appurtenances therein and at its own Tenant's sole cost and expense, expense promptly make all repairs thereto and replacements 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. Tenant shall also repair all damage to the Building and the Demised Premises not 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 15 days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by the Landlord at the expense of Tenant, and the heatingexpenses thereof incurred by Landlord shall be collectible, air conditioningas additional rent, plumbing and electrical systems servicing after rendition of a xxxx or statement therefor, if the Premises. Demised Premises be or become infested with vermin, Tenant agrees to do all redecoratingshall, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, cause the same to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionbe 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 entitled no allowance to the Tenant for a diminution of rental value and no compensation for liability on the part of Landlord by reason of inconvenience, injury, annoyance or loss of 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 any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant which Article 9 shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESapply.

Appears in 1 contract

Samples: Lease Agreement (Arbinet Thexchange Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make(a) Lessor shall, at its own cost and expense, all maintain in good working order, condition and repair, the roof, structural elements of the floor, driveways, parking lot, foundation and exterior walls (not including doors, windows and floors), interior stress bearing walls and columns, landscaping and grounds surrounding the Premises, gutters, downspouts, concealed and underground plumbing, sewage and electrical systems; however, Lessor shall not be obligated to make any repairs and replacements to of those portions of the Premises not required that it is obligated to maintain unless it shall be made notified in writing by Landlord, including, but not limited to, all interior repairsLessee, and Lessor shall then have a reasonable period of time to make such repairs; provided further, however, that Lessee and not Lessor shall be responsible for making any such repairs occasioned by the heatingacts of Lessee, air conditioningits employees (whether or not acting within the scope of their employment), plumbing and electrical systems servicing invitees, permitted assignees, permitted subtenants, or licensees. If Lessor fails to maintain, repair or replace the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting Premises as required by it during the term of the Lease at its own cost and expensethis paragraph 5, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by TenantLessee may, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within upon ten (10) days after requestprior written notice to Lessor (except no notice shall be required in the case of an emergency) perform such maintenance or repair (including replacement, as needed) on behalf of Lessor. If Tenant fails In such case, Lessor shall reimburse Lessee for all reasonable, direct costs incurred in performing such maintenance or repair promptly following receipt of appropriate documentation of such costs. Lessor shall not be liable for any damage or loss occasioned by Lessor's failure to repair portions of the Premises which it has covenanted to maintain until after Lessor has received written demand from Lessee to make the service contractrepair. Lessor shall, Landlord may do so however, indemnify and pass these costs along hold harmless Lessee against any and all costs, claims or liability arising from Lessor's failure to Tenant. Tenant shall pay the cost thereof within ten (10) days make timely repairs after receipt of same. CONDITION OF PREMISESreceiving such written notice from Lessee.

Appears in 1 contract

Samples: United Stationers Supply Co

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundationsLandlord shall make all interior, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior structural repairs, and excluding such repairs necessitated by the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness improper conduct of Tenant or any its invitees, but including maintenance, repair or replacement of its agents or employees or persons permitted on the Real Estate by Tenantroof, 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 maintain 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 safe, clean, neat, and sanitary condition. Tenant shall be entitled continuous manner to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlordcomplete said work after said written notice, Tenant, or in addition to any other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimumremedy it may have, (i) inspectionmay, cleaning as agent of Landlord, perform the same and testing 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 reasonable cost of such repairs as reasonably determined by Tenant until Landlord performs such repairs to the reasonable satisfaction of Tenant, at least quarterlywhich 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 to end an emergency which renders the premises unsuitable for the use set forth herein, Tenant shall 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 servicingamounts so withheld shall be promptly paid to Landlord, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at may give Landlord a second notice (the end “Second Notice”) of each calendar yearsaid default to Landlord. Such annual report 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 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 all of the Demised Premises because of Landlord’s failure to timely perform such work as set forth in the two preceding paragraphs hereof, the rent shall be provided reduced, during such period, proportionately to Landlord the diminution in space resulting from such failure. In the event Tenant may still be able to use the 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 three (3) days of request; time being of the essenceDemised Premises in a material manner, Tenant shall be entitled, during such period, to a bona fide equitable reduction in rent. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so make such ordinary and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESnonstructural interior repairs as it deems necessary for its occupancy.

Appears in 1 contract

Samples: Agreement of Lease (Clipper Realty Inc.)

Repairs. 8Landlord shall maintain, at its expense, the structural soundness of the roof, foundation, and exterior walls of the Building in good repair, reasonable wear and tear and damages, caused by Tenant, its agents, invitees and contractors, excepted. Xxxxxxxx agrees The term “walls” as used in this paragraph shall not include windows, doors, store-fronts, overhead doors, dock bumpers, dock seals, dock plates, or’ dock levelers. Tenant shall promptly give Landlord written notice of any repair required by Landlord, and Landlord shall proceed with due diligence to make such repair. Tenant, at its expense, shall repair, replace and maintain in good condition, reasonable wear and repair as necessary the foundationstear and damages caused by Landlord, exterior walls its agents, invitees and the roof contractors excepted, all portions of the Premises and all areas, improvements and systems exclusively serving the Premises, including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire protection systems, entries, doors, ceilings, roof membrane, windows, interior walls, demising walls, HVAC systems, and evaporative coolers. Xxxxxx agrees that it will make, at its own cost and expense, all Such repairs and replacements may include capital expenditures whose benefit may extend beyond the Lease Term. If Tenant fails to the Premises not required perform any repair or replacement for which it is responsible within thirty (30) days after written notice from Landlord to Tenant, Landlord may perform such work and be made reimbursed by LandlordTenant for actual expenses reasonably incurred within thirty. (30) days after being provided a written demand, including, but not limited to, all interior repairs, together with invoices and the heating, air conditioning, plumbing and electrical systems servicing the Premisesother evidence of such expenses. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term If any of Tenant’s obligations hereunder affect other tenants or portions of the Lease at its own Building/Project, Landlord may perform the repair or replacement and include the cost and expense, as part of Operating Expenses or allocate the cost to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall tenants as may be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leaseappropriate. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of service contract with a vendor reasonably acceptable to Landlord to periodically service the HVAC system serving and evaporative coolers in the entire Premises that provides for, at in accordance with a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement scope of filters, belts or other items covered services reasonably prescribed by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essenceLandlord. Tenant shall deliver supply Landlord a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt upon request as evidence of same. CONDITION OF PREMISEScompliance.

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

Repairs. 8. Xxxxxxxx agrees (a) Landlord’s obligation with respect to maintain in good condition, and repair as necessary part of Basic Services shall be limited to (i) the foundationsstructural portions of the Building including, without limitation, the foundation, (ii) the exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by LandlordBuilding, including, but not limited towithout limitation, all interior repairsglass and glazing, and (iii) the roof, (iv) mechanical, electrical, heating, ventilating and air conditioning, plumbing and electrical life safety systems servicing [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 systems)], (v) Common Areas (including paving), (vi) utility lines located outside of the Premises and (vii) life safety components of any backup generator for the Premises. Tenant agrees Landlord shall not be deemed to do all redecorating, remodeling, alteration, and painting required by it during have breached any obligation with respect to the term condition of any part of the Lease at its own cost Project unless Tenant has given to Landlord written notice of any required repair and expense, Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding: (i) Landlord shall not be required to pay for repair damage to any repairs of the foregoing to the Premises extent caused by the acts or the Real Estate made necessary by any negligence or carelessness omissions of Tenant or any of its agents or it agents, employees or persons permitted on contractors, except to the Real Estate extent covered by Tenant, insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to maintain damage or destruction by casualty shall be governed by the Premises provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a safe, clean, neat, timely and sanitary conditionefficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant (because of Tenant’s failure to perform such repair) shall be entitled 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 Paragraph 9 of this Lease, there shall be no compensation for inconvenience, injury, abatement of Rent and no liability of Landlord by reason of any injury to or loss of interference with Tenant’s business arising from the making of any repairs by Landlordrepairs, Tenantalterations or improvements in or to any portion of the Premises, or other tenants to the Premises Building or the Real Estate Project. Tenant agrees waives the right to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract make repairs at TenantLandlord’s expense through the entire Lease Term and under any renewal law, statute or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair ordinance now or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISEShereafter in effect.

Appears in 1 contract

Samples: Office Lease (FlexShopper, Inc.)

Repairs. 8. Xxxxxxxx agrees to Landlord shall maintain and repair the public portions of the Building, both exterior and interior, structural and non-structural, including, without limitation, all Building systems which serve multiple tenants in good conditionworking order. Tenant shall, and repair as necessary throughout the foundationsTerm, exterior walls take good care of the Premises and the roof of the Premises. Xxxxxx agrees that it will make, fixtures and appurtenances therein and at its own Tenant’s sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. If Landlord is requested by Tenant to replace any lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises, Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises not or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant’s subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the satisfaction of Landlord. Tenant also shall 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 and class equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent within thirty (30) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in this Lease to the contrary, there shall be no allowance to 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 Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily dosed, darkened or bricked-up for any reason whatsoever including, but not limited to, all interior repairsLandlord’s own acts as required to be performed by law, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents such windows are permanently closed, darkened or employees bricked-up if required by law or persons permitted on related to any construction upon property adjacent to the Real Estate Property by TenantLandlord or others, Landlord shall not be liable for any damage Tenant may sustain thereby and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall not be entitled to no any compensation for inconvenience, injury, or loss therefor nor abatement of business arising Rent nor shall the same release Tenant from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) its obligations hereunder nor constitute an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESeviction.

Appears in 1 contract

Samples: Agreement of Lease (Constant Contact, Inc.)

Repairs. 84. Xxxxxxxx agrees to maintain Owner shall keep in good conditionrepair and condition the exterior of and the public portions of the building and property on which it is located including, without limitation, roofs and exterior windows (except those forming part of the 00xx Xxxxxx elevator lobby), all structural elements, and repair as necessary all building plumbing, heating and life safety systems, and shall keep all sidewalks free of snow and ice. Owner’s obligations hereunder and under Article 31 shall be provided in a manner consistent with comparable office buildings in the foundationsarea. Tenant shall, exterior walls 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 interior windows and window frames and the roof exterior windows forming a part of the Premises. 00xx Xxxxxx agrees that it will makeelevator lobby, and the fixtures and appurtenances therein, and at its own Tenant’s sole cost and expense, expense promptly make all repairs thereto and replacements to the Premises 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 fifteen (15) days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by Owner at the expense of Tenant, and the heatingexpenses thereof incurred by Owner shall be collectible, air conditioningas additional rent, plumbing and electrical systems servicing after rendition of a xxxx or statement therefore. If the Premises. demised premises be or become infested with vermin, Tenant agrees to do all redecoratingshall, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, cause the same to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionbe 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 building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to no compensation 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 except as otherwise provided herein. Tenant agrees, subject to the foregoing sentence, that Tenant’s sole remedy at law in such instance will be by way of an action for inconvenience, injury, or loss damages for breach of business arising from contract. The provisions of this Article 4 with respect to the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasewhich Article 9 hereof shall apply. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESWindow Cleaning:

Appears in 1 contract

Samples: Attornment Agreement (Alliance Data Systems Corp)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecoratingkeep the Premises, remodeling, alterationeach and every part thereof, and painting required by it any and all appurtenances thereto save the roof and exterior walls (excepting therefrom the interior faces thereof, any glazing, show windows, doors and other entrances, frames for any of the foregoing and storefronts) and likewise including said excepted items, in good condition and repair during the term of the Lease, ordinary wear and tear alone excepted, hereby expressly waiving all rights to make repairs as the expense of Landlord as provided for in any statute or law in effect at the time of execution of this Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any amendment thereof or any other statute or law which may be hereafter passed during the term of its agents this Lease, and agrees upon the expiration of the term of this Lease or employees or persons permitted on sooner termination hereof to surrender unto Landlord the Real Estate premises in the same condition as received and improved by Tenant, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements alone excepted. If Tenant fails to maintain the Premises make said repairs in a safereasonable time period and manner, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any Landlord may make said repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through expense, provided that Landlord gives Tenant ten (10) days notice before the entire Lease Term start of making repairs and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to reimburse Landlord within ten (10) days after requestreceipt by Tenant of a xxxx therefore, including a charge equal to five percent (5%) of cost for overhead. If Tenant fails to maintain Notwithstanding the service contractforegoing, Landlord may do so shall deliver the Premises in a clean broom swept condition, free of all hazardous materials and pass these costs along to Tenantin safe and tenantable condition. Tenant Landlord shall pay be responsible for the cost thereof within ten (10) days after receipt repair of same. CONDITION OF PREMISESlatent defects, if any, in the structure of the Building.

Appears in 1 contract

Samples: Commercial Lease (Nara Bancorp Inc)

Repairs. 8. Xxxxxxxx agrees (a) The Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in and about the premises required to maintain keep them in good order and condition; such repairs to be equal in quality to the original work, provided that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and repair as necessary the foundations, exterior walls and the roof facilities of the Premisesbuilding for the use or service of tenants generally (including the plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities located in and serving the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Xxxxxx agrees Should the Tenant fail to repair any such condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that it will its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the work necessary to make them within ten days after notice from the Landlord of the condition requiring repair, then in either case, the Landlord may (but shall have no obligation to) immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may (but shall have no obligation to) make, at the expense of the Tenant, any repairs to the building or to its own fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or the improper acts of the Tenant or Tenant’s employees, agents, contractors, licensees or visitors; (ii) to the moving, into or out of the building, of property being delivered to or taken from the premises by Tenant, Tenant’s agents, employees, contractors, licensees or visitors; (iii) to the installation, repair or removal of the property of the Tenant in the premises by Tenant or Tenant’s agents, employees, contractors, licensees or visitors; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the Tenant (provided, however, that the Landlord shall be responsible to correct the faulty installation of any equipment installed in the premises by the Landlord). The Tenant xxxx pay the actual and reasonable cost of any repairs made by the Landlord pursuant to this paragraph upon presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THIRD shall survive the expiration or other termination of this lease. Except for the repairs which are the Tenant’s obligations under the first sentence of this Article THIRD (a), the Landlord, at Landlord’s cost and expense, all repairs and replacements to the Premises not required to be made by Landlordwill, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term upon notice of the Lease at its own cost need therefor, make the repairs required and expense, to pay for any repairs to the Premises or the Real Estate made perform all maintenance necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heatingbuilding and its fixtures, ventilatingappurtenances, facilities, equipment and conditioning systems (HVACincluding the plumbing, heating and electrical systems) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESin good working order.

Appears in 1 contract

Samples: Sublease Agreement (Criteo S.A.)

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Repairs. 8. Xxxxxxxx agrees (a) Tenant shall take good care of the Premises and the fixtures and appurtenances therein including, without limitation the doors and entrances, floor coverings, interior walls, columns and partitions ; together with all systems and equipment exclusively serving the Premises 9 including without limitation, the lighting, plumbing and sewage facilities, sprinkler system and sprinkler heads and any utility facilities from the point of entry into the Premises and at its sole cost and expense make all repairs thereto as and when needed to maintain preserve them in good conditionworking order and condition . All damage or injury to the Premises and to its fixtures, glass, appurtenances and equipment or to any other portion of the Land or Building, caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or resulting from fire, explosion, short circuits, flow or leakage of water, sewerage or odors or by frost or by bursting or leaking of pipes or plumbing works or gas, or from any other cause or any other kind of nature, whatsoever, which is due to the negligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to the reasonable satisfaction of Landlord . All aforesaid repairs, restorations and replacements shall be in quality and class equal to the original installations and shall be done in a good and workmanlike manner . (b) Landlord shall, subject to Section 4 (a), make all repairs and replacements, the need for which Landlord shall have knowledge, structural and otherwise, necessary in order to keep in good order and repair the roof, the foundation, structural portions of the Building, exterior and the public portions of the Building, including the public halls and stairways, plumbing, wiring and other Building equipment for the general supply of water, heat, air conditioning, gas and electricity and HVAC equipment servicing the Premises, and repair as necessary the foundationsall other base building systems and related equipment, exterior walls and the roof of the Premisesincluding elevators . Xxxxxx agrees to notify Landlord of the necessity for any repairs of which Xxxxxx may have knowledge and for which Landlord may be responsible under the provisions of the preceding sentence . (c) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. 12. YIELD UP AND FIXTURES . Tenant shall at the termination of this Lease peaceably yield up the Premises and Xxxxxx's improvements and permitted Alterations (as . defined below) in good order, repair and condition, fire or casualty and reasonable use and wear excepted, provided that it will makeif required by Landlord, any Alterations made by Tenant other than the Tenant's Initial Work, shall be removed by Tenant prior to the termination ofthis Lease so long as Landlord notifies Tenant of its obligation to remove same at its own the time Landlord consents to the construction or installation of same . Upon such removal by Xxxxxx, Tenant shall cause the Premises to be restored to their condition prior to the Alteration . Tenant shall before the termination of this Lease remove all furniture, fixtures, and personal property of Tenant from the Premises and Tenant shall repair any damage to the Premises or the common areas caused by such removal including the filling in of all holes, and the patching or replacement of all floor areas or ceilings damaged by such removal . Any property, furniture or fixtures not so removed shall be deemed abandoned and may be recovered and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense, all expense incurred in effecting such removal and disposition and in making incidental repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconveniencefurther indemnify Landlord against all loss, injury, or loss of business arising cost and damage resulting from the making of any repairs by Landlord, Tenant, or other tenants to Xxxxxx's failure and delay in surrendering the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leaseas provided above . Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year13. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essenceCHANGES AND ALTERATIONS. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISES

Appears in 1 contract

Samples: Office Lease (Portage Biotech Inc.)

Repairs. 8. Xxxxxxxx agrees to 14.01 Tenant shall, at its sole cost, keep and maintain in good condition, the Leased Premises and repair as necessary the foundations, appurtenances and every part thereof (excepting exterior walls and roofs Which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, and skylights, doors, any store front and the roof interior of the Leased Premises. Xxxxxx agrees that it will make, at its own cost and expense, including all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the plumbing heating, air conditioning, plumbing and sewer, electrical systems servicing and all fixtures and all other similar equipment serving the Premises. Tenant agrees to do all redecoratingLeased Premises in good and sanitary order, remodeling, alterationcondition, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionrepair. Tenant shall be entitled responsible for all pest control within the Leased Premises, including but not limited to no compensation for inconvenience, injury, or loss of business arising from the making eradication of any repairs by Landlord, Tenant, ants or other tenants to termites should infestation be observed during the Premises or ten-n of the Real Estate Tenant Lease. Xxxxxxxx agrees to provide to Tenant at the commencement date of the Lease, a letter certifying that there are no termites present in the Building or that the Building has been treated for termites. Tenant shall, at its sole cost, keep the heatingand maintain all utilities, ventilatingfixtures and mechanical equipment used by Tenant in good order, condition, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leaserepair. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report All windows shall be provided to Landlord within three (3) days of request; time being of kept reasonably clean. In the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If event Tenant fails to maintain the service contractLeased Premises as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, or fails diligently to proceed thereafter to complete such repairs, Landlord may do so shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and pass these costs along to Tenant. charge Tenant shall pay for the cost thereof within ten as additional rent, together with interest at the rate of twelve percent (1012%) days after receipt per annum from the date of same. CONDITION OF PREMISESmaking such payments.

Appears in 1 contract

Samples: Lease Agreement (Optio Software Inc)

Repairs. 811. Xxxxxxxx agrees Landlord will keep the exterior and common areas of the Office Building, including without limitation, the structure, roof, load bearing walls and foundation, and all heating, ventilating and air conditioning equipment, all plumbing, life/safety, electrical, wiring and other mechanical systems serving the Leased Premises in good order and repair and in compliance with all applicable laws, ordinances and regulations, provided that Tenant shall give Landlord written notice of the necessity for such repairs to the extent within the Leased Premises, provided that if the damage thereto shall have been caused by the negligence of Tenant, its agents, employees, or servants, Tenant shall be responsible for the cost thereof, subject to the waiver of claims and subrogation contained herein. In addition, Landlord shall maintain the Office Building Area, including parking areas and landscaping in good condition, and shall promptly perform snow and ice removal as necessary. Tenant will keep the interior of the Leased Premises in substantially the same repair as necessary existed on the foundations, exterior walls commencement date and will surrender the roof Leased Premises at the expiration of the term or at such other time as it may vacate the Leased Premises in as good condition as when received, excepting ordinary wear and tear and damage by fire, unavoidable accident or Act of God. Tenant will not overload the electrical wiring serving the Leased Premises or within the Leased Premises, and will install at its own expense, but only after obtaining Landlord's written approval, any additional electrical wiring which may be required in connection with Tenant's apparatus. Xxxxxx agrees that it will makeLandlord shall warrant the roof, windows and all structural elements of the Building shall be delivered in good working order and have a useful life of at least the term of the initial Lease Term. Should any of these capital items fail and need replacement during this time, the Landlord, at its own sole cost and expense, all repairs shall be responsible for the cost of the replacement and replacements shall not pass any of these costs on to the Tenant. Existing HVAC equipment shall be in good working order, repair and condition with controls for the gas/electric rooftop units serving the ELased Premises not required to under Tenant’s sole control. The HVCAC shall be made by separately metered. Should any of the HVAC units fail and need replacement during the Term, the Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own sole cost and expense, to pay shall be responsible for any repairs to the Premises or cost of the Real Estate made necessary by any negligence or carelessness of Tenant or replacement and shall not pass any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along on to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESAlterations by Tenant

Appears in 1 contract

Samples: Office Lease Agreement (Advanced Cell Technology, Inc.)

Repairs. 84. Xxxxxxxx agrees 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 bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and 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 maintain the building, whether structural or non-structural in good conditionnature, 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 as necessary all damage to the foundations, exterior walls building and the roof demised premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all aforesaid repairs and replacements shall be of quality or class equal to the Premises not original work or construction. If Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by the Owner at the expense of Tenant, and the heatingexpenses thereof incurred, air conditioningby Owner Shall be collectible, plumbing as additional rent, after rendition of a bxxx 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 promote notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and electrical systems servicing following such notice, Owner shall remedy the Premisescondition 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 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 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. It is specifically agreed that Tenant shall not be 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. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of any action for damages for breach of contract. The provisions of this Article 4 with respect to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasewhich Article 9 hereof shall apply. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESWindow Cleaning:

Appears in 1 contract

Samples: Nara Bancorp Inc

Repairs. 8. Xxxxxxxx agrees to maintain in 7.01 Tenant shall take good condition, and repair as necessary care of the foundations, exterior walls demised premises and the roof of the Premises. Xxxxxx agrees that it will makefixtures, equipment and appurtenances therein and shall, at its own sole cost and expense, all make such repairs and replacements to the Premises not required demised premises and the fixtures, equipment and appurtenances therein as are necessitated by the (i) act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises or (ii) use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, all damage or injury to the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises, shall be made repaired promptly by Tenant (or by Landlord, includingif a structural repair), but not limited toat Tenant's sole cost and expense. Except as otherwise provided in Section 9.05 hereof, all interior repairsdamage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the heatingBuilding or to its fixtures, air conditioning, plumbing appurtenances and electrical systems servicing the Premises. equipment caused by Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term moving property into or out of the Lease Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its own sole cost and expense, to pay for any repairs which repairs, restorations and replacements shall be in quality and class equal to the Premises original work or the Real Estate made necessary by any negligence installations. If Tenant fails to commence such repairs, restoration or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord replacements within ten (10) days after request. If demand from Landlord (or if, after such commencement, Tenant fails to maintain complete such repairs with due diligence), the service contract, same may be made by Landlord may do so and pass these costs along to at the expense of Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISES

Appears in 1 contract

Samples: Agreement of Lease (THCG Inc)

Repairs. 8By occupancy or entry to the Premises hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair except as to items identified by Tenant pursuant to Article 6.3. Xxxxxxxx agrees Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to maintain Landlord's obligations. Tenant shall, upon the expiration or sooner termination of the term of this Lease, surrender the Premises to the Landlord in the same condition as when first occupied in good condition, broom clean, ordinary wear and repair as necessary tear and damage from causes beyond the foundations, exterior walls and the roof reasonable control of Tenant excepted subject to Article 11 of this Lease. Any damage to adjacent Premises caused by Tenant's use of the Premises. Xxxxxx agrees that it will make, Premises shall be repaired at its own the sole cost and expense, all repairs and replacements to expense of Tenant. In the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. event Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and fails to maintain the Premises in a safegood order, cleancondition and repair, neat, and sanitary conditionLandlord shall give Tenant notice to do such acts as are reasonably required so to maintain Premises. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from In the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If event Tenant fails to maintain commence such work within 30 days of receiving such notice or diligently prosecute the service contractsame to completion, Landlord may do so may, but is not obligated to, perform such acts and pass these costs along expend such funds at the expense of Tenant as are reasonably required to Tenantperform such work. Landlord shall be paid by Tenant shall pay the cost thereof within promptly after demand with interest at ten percent (10%) days after receipt per annum from the date of samesuch work. CONDITION OF PREMISESLandlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant as a result of performing any such work or by reason of undertaking the repairs required by this Article 11. .

Appears in 1 contract

Samples: GigOptix, Inc.

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionLandlord shall make, and repair as necessary the foundations, exterior walls and the roof an Operating Expense of the Premises. Xxxxxx agrees that it will make, at its own cost and expenseBuilding, all repairs and replacements necessary to maintain the Premises not required to be made by Landlordplumbing, includingheating, but not limited to, all interior repairs, and the heatingventilating, air conditioning, plumbing electric systems, external windows and electrical systems servicing floors (excluding carpeting and floor coverings), provided, however, that Landlord shall not be obligated to make any such repairs until the Premisesexpiration of a reasonable period of time after receipt of written notice from Tenant that such repair is needed. Tenant agrees In no event shall Landlord be obligated under this Section 13 to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for repair any repairs to the Premises or the Real Estate made necessary damage caused by any act, omission or negligence or carelessness of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. If Tenant requires maintenance, servicing, repair or replacement of any special plumbing, heating or air conditioning systems installed for Tenant's benefit in the Leased Premises, whether or not such systems are tied into the standard Building systems, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs is caused, in whole or in part, by the negligence or wilful misconduct of Landlord, its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionemployees. Tenant shall be entitled maintain the Leased Premises and the fixtures and appurtenances therein in good repair at all times, reasonable wear and tear excepted. Except to no compensation the extent released by Landlord pursuant to the waiver of subrogation provision in Section 23 hereof, Tenant shall reimburse Landlord for inconvenienceall costs and expenses of repairing and replacing all damage or injury to the Leased Premises and the Building and to fixtures and equipment caused by Tenant or its employees, injuryagents, invitees, licensees, subtenants, or loss contractors, or as the result of all or any of them moving in or out of the Building or by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord shall not be liable by reason of any injury to or interference with Tenant's business arising from the making of any repairs by Landlordrepairs, Tenantalterations, additions or other tenants improvements in or to the Leased Premises or the Real Estate Tenant agrees Building or to keep any appurtenances or equipment therein. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or because of any delay by Landlord in making the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasesame. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided give to Landlord within three (3) days prompt written notice of request; time being of any accidents to, or defects in plumbing, electrical, heating and air conditioning systems and apparatus located in the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLeased Premises.

Appears in 1 contract

Samples: Agreement of Lease (Worldgate Communications Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionAt all times during the Term of this Lease, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will Tenant shall make, at its own sole cost and expense, any and all necessary repairs and replacements capital improvements to the Building, both structural and non-structural in order to preserve, protect, and maintain the Premises not required to be made by Landlordtheir condition as of the date hereof, includingreasonable wear and tear excepted, or to such superior condition as Tenant may desire, including but not limited toto the walls (interior), doors (both interior and exterior), plumbing (including without limitation, all interior repairsfilters, drains, water, gas and the sewer lines), heating, air conditioning, plumbing and electrical systems servicing and equipment (including, without limitation, interior and exterior lighting and security systems), windows, floors, (including floor coverings such as, without limitation, tiles or carpeting) and all other items which constitute a part of the Building and the Premises. Tenant's obligation for repairs extends to repairs made after the Tenant agrees has vacated the Premises which were necessary because of Tenant's use or occupancy of the Premises. If the Tenant refuses or neglects to do commence such repairs or fails to diligently prosecute the same to completion within fifteen (15) days from the date on which Tenant receives written notice from Landlord of the need therefor, Landlord may make such repairs at the expense of Tenant and such expense plus fifteen percent for Landlord's cost of administration and overhead shall be collectible as Additional Rent hereunder. Tenant's repair obligations shall not extend to the exterior walls or roof except for any maintenance or repair thereto required due to the willful misconduct, gross negligence or negligence of Tenant, its employees, agents, invitees, assignees or subtenants. The foregoing notwithstanding, recognizing that the Term of this Lease is five (5) years, the following limitations shall apply to Tenant's obligation to replace (as opposed to repair, to which no limitation shall apply) all redecoratingor any major component (as opposed to replacement of minor components in the course of normal maintenance and repair) of the plumbing (including without limitation, remodelingall filters, alterationdrains, water, gas and sewer lines), heating, air conditioning, and painting required by it electrical systems and equipment (the "Building Systems"): (A) Tenant's obligations shall be limited to Twenty-Five Thousand Dollars ($25,000) in the aggregate per one year period during the term each one year period of the Lease at its own cost and expenseTerm (as the same may be extended or renewed hereunder), provided that the unused portion of such annual limit shall carry forward cumulatively to pay each succeeding year of the Term to increase the limit for any repairs such succeeding year; (B) If, because the relevant dollar limit for Tenant's obligations under this Section 17 is exceeded in a given year, it becomes necessary for Landlord to contribute to the Premises or the Real Estate made necessary by any negligence or carelessness cost of Tenant replacing all or any major component of its agents or employees or persons permitted on the Real Estate by TenantBuilding Systems, Landlord shall pay Landlord's share of such cost, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant such cost paid by Landlord shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs amortized by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under Landlord over a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after requestyear amortization period, with the monthly portion of such amortized cost charged to and paid by Tenant as Additional Rent hereunder. If Tenant fails to maintain In the service contractevent that the amortization period exceeds the Term of this Lease (as the same may be extended, Landlord may do so and pass these costs along to Tenant. renewed, or earlier terminated hereunder), Tenant shall pay not be responsible for the cost thereof within ten (10) days after receipt balance of same. CONDITION OF PREMISESsuch amortized costs not yet charged as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Inc)

Repairs. 8(a) Upon commencement of possession hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition, and repair in an "as-is" condition; provided, however, that, with respect to Expansion Space, Tenant shall not be liable for damage caused by a previous occupant of said Space and the Space shall be delivered in broom clean condition. Xxxxxxxx agrees Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and (except as hereinafter provided with respect to maintain Landlord's obligations) including, without limitation, the maintenance, replacement, and repair of any storefront, doors, window casements, glazing, interior plumbing, pipes, electrical wiring and conduits, air-conditioning system, if any, and heating system. 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 repair as necessary tear and damage from causes beyond the foundations, exterior walls and the roof reasonable control of tenant excepted. Any damage to adjacent premises caused by Tenant's use of the Premises. Xxxxxx agrees that it will make, Premises shall be repaired at its own the sole cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premisesexpense of Tenant. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term If any of the Lease at its own cost and expenseabove items shall fail as DB DG -------- ------ LANDLORD TENANT a result of defective workmanship or equipment, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant Landlord shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, responsible for the servicing repair of said items. Landlord shall obtain a service contract for the maintenance of the HVAC system serving equipment servicing Tenant's Premises, the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement cost of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report said contract shall be paid by the Tenant as provided to Landlord within three (3) days of request; time being under Paragraph 6, Additional Charges, of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLease.

Appears in 1 contract

Samples: Lease (Optiva Corp /Wa/)

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionThe parties acknowledge and agree that Sublessee is subleasing the Subleased Premises on an “as is” basis, and repair as necessary that Sublessor has made no representations or warranties with respect to the foundations, exterior walls and the roof condition of the Subleased Premises except as set forth in this paragraph. Prior to the Commencement Date, Sublessor shall, at Sublessor’s sole cost, (a) replace the missing carpet in the Subleased Premises, (b) shampoo the remaining carpet in the Subleased Premises, (c) repaint all of the walls in the Subleased Premises using at least two (2) colors to be reasonably approved by Subtenant and (d) re-install a minimum of 400 amps of power to the lab within the Subleased Premises. Xxxxxx agrees that it will makeExcept as set forth in this paragraph, at its own Sublessor shall have no obligation whatsoever to make or pay the cost and expenseof any alterations, all improvements or repairs and replacements to the Premises not required to be made by LandlordSubleased Premises, including, but not limited towithout limitation, all interior repairsany improvement or repair required to comply with any law; provided, and the heatinghowever, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees Sublessor shall use commercially reasonable efforts (without requiring Sublessor to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, initiate litigation) to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterlyobtain the consent of Master Lessor under Section 6.1 of the Master Lease with respect to the alterations set forth in subparts (a)-(d) of this Paragraph 7, (ii) any servicingcause Master Lessor to perform its obligations under the Master Lease at Sublessee’s written request, maintenance repair or replacement (iii) obtain the consent of filters, belts or other items covered Master Lessor for the installation by such a standard contractSublessee of the sinks and kitchenette contemplated by Section 12, and (iv) assist in the engagement by Sublessee of the applicable contractors for purposes of completing such improvements in (iii) an annual service report at the end of each calendar yearabove. Such annual report Master Lessor shall be provided solely responsible for performance of any repairs required to Landlord within three (3) days of request; time being be performed by Master Lessor under the terms of the essenceMaster Lease. Tenant Sublessee shall deliver a copy be solely responsible for all required maintenance and service on the HVAC unit serving the lab in the Subleased Premises. In addition, in accordance with the provisions of the Master Lease, Sublessee shall have the ability to operate the HVAC service contract to Landlord within ten the Subleased Premises at any time outside of normal hours of operation for the Building by (10i) days providing to Sublessor proper notice, and (ii) paying the after requesthours HVAC charge of $50.00 per hour. If Tenant fails For the avoidance of doubt, the last sentence of Section 6.2 of the Master Lease shall not apply hereunder except and to maintain the service contract, Landlord may do so and pass these costs along extent that Sublessor is obligated to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESsuch amounts to Master Lessor.

Appears in 1 contract

Samples: Sublease (BigBand Networks, Inc.)

Repairs. 8. Xxxxxxxx agrees to Landlord shall maintain in good condition, and repair as necessary the foundationsstructure of the Building, both exterior walls and interior, the Building systems (up to the part of connection to the Premises or any other tenanted areas) and the roof common areas of the PremisesBuilding in a manner consistent with Landlord's current practice as of the date hereof. Xxxxxx agrees that it will makeTenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at its own Tenant's sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements made at Tenant's request to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises, but Tenant shall be entitled to install its own replacement lamps, tubes and starters. Notwithstanding the foregoing, all damage or injury to the Premises not or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the neglect or willful misconduct of, or Alterations made by, or any work, labor, service or equipment done for Tenant (other than by Landlord) or supplied to Tenant or any subtenant of Tenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. Tenant also shall 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 good quality and class and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) business days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the reasonable expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a bxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder of which Tenant is aware. Except as expressly provided in Article 10 hereof, there shall be no allowance to 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 Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord, which consent shall not be unreasonably withheld or delayed. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other flammable substances shall be deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, all interior repairsLandlord's own acts, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents such windows are permanently closed, darkened or employees bricked-up if required by law or persons permitted on related to any construction upon property adjacent to the Real Estate by TenantProperty others, Landlord shall not be liable for any damage Tenant may sustain thereby and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall not be entitled to no any compensation for inconveniencetherefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. If at any time the windows of the Premises are temporarily closed, injurydarkened or bricked-up, as aforesaid, then, unless Tenant is required pursuant to this Lease to perform the repairs, maintenance, alterations or improvements, or loss of business arising from the making of to comply with any repairs by Landlordlaw which resulted in such windows being closed, Tenant, darkened or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contractbricked-up, Landlord shall perform such repairs, maintenance, alterations or improvements with reasonable diligence and otherwise take such action as may do so and pass these costs along be reasonably necessary to Tenant. Tenant minimize the period during which such windows are temporarily closed, darkened or bricked-up, but the foregoing shall not require Landlord to engage overtime or premium-pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESlabor.

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

Repairs. 8. Xxxxxxxx agrees to (a) Landlord shall maintain in good conditionorder and repair, subject to normal wear and repair as necessary tear and subject to casualty and condemnation, the foundationsBuilding (excluding the Demised Premises and other portions of the Building leased to other tenants), exterior walls the Building parking facilities, the public areas and the roof landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the Premisesforegoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Xxxxxx Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term take good care of the Lease at its own cost Demised Premises and expenseall alterations, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, additions and to improvements thereto and will keep and maintain the Premises same in a safegood condition and repair, clean, neat, except for normal wear and sanitary conditiontear. Tenant shall be entitled to no compensation for inconvenienceat once report, injuryin writing, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant shall pay hereby waives all rights to make repairs at the cost expense of Landlord or in lieu thereof within ten (10) days after receipt of sameto vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. CONDITION OF PREMISESLandlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.

Appears in 1 contract

Samples: Lease Agreement (Tenera Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Xxxxxx agrees that it will makeTenant shall, at its own Tenant's sole cost and expense, all repairs and replacements to keep the Premises not required to be made by Landlordand every part thereof in good condition and repair, including, including but not limited toto the maintenance, all interior repairsreplacement. and repair of any storefront, doors, window casements and glazing and upon the heatingexpiration or earlier termination of this Lease, air conditioningTenant shall surrender the Premises to Landlord in good condition and repair, plumbing in both cases ordinary wear and electrical systems servicing the Premisestear excepted. Tenant agrees to do shall make all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or and to the Real Estate rest of the Property which are made necessary as a result of any misuse or neglect by any negligence or carelessness of Tenant or any of by its officers, employees, agents or employees or persons permitted invitees, and all such repairs shall be at least equal in quality to the original work. Landlord, on the Real Estate by behalf of Tenant, may make any such repairs which are not promptly made by Tenant and may charge the cost thereof (including a supervision fee of eighteen percent (18%) of the other costs of such repair) to maintain Tenant, which costs Tenant shall pay promptly, but in any event not later than five (5) days after demand by Landlord. Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises in a safe, clean, neat, or any part thereof; and sanitary condition. the parties hereto affirm that neither Landlord nor any agent of Landlord has made any representation or warranty to Tenant shall be entitled with respect to no compensation for inconvenience, injury, or loss the condition of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees rest of the Property or with respect to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at suitability of either for the conduct of' Tenant’s expense through the entire Lease Term and any renewal 's business or extension terms of this Leaseprofession therein. Tenant shall enter into a standard maintenance contractmaintain all plumbing fixtures (e.g., annually written at normal and customary ratessinks, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contracttoilets, and (iiidrains) an annual service report at and all electrical fixtures within the end of each calendar year. Such annual report shall be provided Premises to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so plumbing and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESelectrical stub-outs.

Appears in 1 contract

Samples: Office Lease (Newport International Group Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in 7.01 Tenant shall take good condition, and repair as necessary care of the foundations, exterior walls demised premises and the roof of the Premises. Xxxxxx agrees that it will makefixtures, equipment and appurtenances therein and shall, at its own sole cost and expense, all make such repairs and replacements to the Premises not required demised premises and the fixtures, equipment and appurtenances therein as are necessitated by the (i) act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises or (ii) use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, all damage or injury to the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises, shall be made repaired promptly by Tenant (or by Landlord, includingif a structural repair), but not limited toat Tenant's sole cost and expense. Except as otherwise provided in Section 9.05 hereof, all interior repairsdamage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the heatingBuilding or to its fixtures, air conditioning, plumbing appurtenances and electrical systems servicing the Premises. equipment caused by Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term moving property into or out of the Lease Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its own sole cost and expense, to pay for any repairs which repairs, restorations and replacements shall be in quality and class equal to the Premises original work or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after requestinstallations. If Tenant fails to maintain make such repairs, restoration or replacements, the service contract, same may be made by Landlord may do so at the expense of Tenant and pass these costs along to Tenant. such expense shall be collectible as additional rent and shall be paid by Tenant shall pay the cost thereof within ten fifteen (1015) days after receipt rendition of samea bill therexxx. CONDITION OF PREMISESThe exterior walls of the Building, the portions of any window sills outsxxx xhe windows, the windows, the fire stairs, utility closets and any shafts passing through the floor on which the demised premises are located 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: Innovo Group Inc

Repairs. 8. Xxxxxxxx agrees to Landlord shall repair and maintain in good condition, and repair as necessary the foundations, exterior walls and the roof structural portions of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairsBuildings, and the plumbing, heating, air conditioningventilating, plumbing airconditioning and electrical systems servicing installed or fumished by Landlord and located within or outside the Premises, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the "Tenant Parties," as that term is defined in Section 10.1, below, in which event ------------ Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant agrees shall, at Tenant's own expense, pursuant to do the terms of this Lease, including without limitation Article 8 hereof. keep the -------- Premises, including all redecoratingimprovements, remodelingfixtures and furnishings therein, alterationin good order, repair and condition at all times during the Lease Term, reasonable wear and tear excepted. If either Landlord or Tenant fails in its obligations to make, or to commence making and diligently pursue, a repair under the terms of this Lease, after reasonable notice, assumed to be thirty (30) days in nonemergency situations, the other party may accomplish the repair at the expense of the party failing to make the repair, provided such expense is reasonable, and painting provided the party charged has had a fair opportunity to accomplish the repair. Landlord may, but shall not be required by it during to, enter the term of the Lease Premises at its own cost all reasonable times to make such repairs, alterations, improvements and expense, to pay for any repairs additions to the Premises or to the Real Estate made Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by any negligence governmental or carelessness of Tenant quasi-governmental authority or any of its agents court order or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditiondecree. Tenant shall be entitled hereby waives and CREEKSIDE PLAZA x TriNet Employer Group, Inc. releases its right to no compensation for inconveniencemake repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, injurystatute, or loss of business arising from the making of any repairs by Landlord, Tenant, ordinance now or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISEShereafter in effect.

Appears in 1 contract

Samples: Attornment and Nondisturbance Agreement (Trinet Group Inc)

Repairs. 8Subject to Article X hereof, Lessee shall, during the term of 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 same, reasonable wear and tear and damage from fire and other casualties excepted. Xxxxxxxx agrees to maintain Lessee shall keep the Premises in good a neat and sanitary condition, and repair Lessee shall not commit any nuisance or waste on the Premises or in, on or about the Complex, throw foreign substances in the plumbing facilities, or waste any of the utilities furnished by the Lessor. All uninsured damage or injury to the Premises or to the Complex caused by Lessee moving furniture, fixtures, equipment or other devices in or out of the Premises or the 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. Lessor and its employees and agents shall have the right to enter the Premises during or as necessary a result of any emergency, or at any reasonable time or times for the foundationspurpose of inspection, exterior walls and cleaning, repairs, altering or improving the roof same but nothing contained herein shall be construed as imposing any obligation on Lessor to make any repairs, alterations or improvements which are the obligation of Lessee. Lessee shall give written notice to Lessor at least thirty (30) days prior to vacating the Premises for the express purpose of arranging a meeting with Lessor for a joint inspection of the Premises. Xxxxxx agrees that it will makeIn the event of Lessee's failure to give such notice and arrange such joint inspection, Lessor's inspection at its own cost and expense, all or after Lessee's vacation of the Premises shall be conclusively deemed correct for purposes of determining Lessee's responsibility for repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESrestoration hereunder.

Appears in 1 contract

Samples: Lease (Vanstar Corp)

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionLessee shall, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of this lease, be responsible for all improvements, repairs and maintenance as shall be reasonably necessary to keep the Lease at its own cost leased premises in good condition and expense, to pay for repair. Lessee may make any repairs improvements to the Premises leased premises, provided that such improvements comply with federal, state and municipal statutes and ordinances, and further provided that Lessee obtains Lessor’s prior approval for such improvements and repairs. Lessee shall be responsible for obtaining any necessary building permits. Lessee agrees that all damage or injury done to the Real Estate made necessary premises by Lessee or by any negligence person who may be in or carelessness of Tenant or any of its agents or employees or persons permitted on upon the Real Estate by Tenantpremises, except Lessor, Lessor’s agents, servants and to maintain the Premises in a safeemployees, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injuryrepaired by Lessee, or loss its employees, at Lessee’s expense. Lessee shall indemnify Lessor against any claim of business any kind including but not limited to mechanic’s liens or other lien arising from out of the making of any alterations, additions, repairs or improvements by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this LeaseLessee. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at At the end of each calendar yearthe Lease term, including extensions, any alterations, additions, and improvements located on the leased premises shall become the property of the Lessor, at the sole and complete option of the Lessor. Such annual report If the Lessor determines in its sole and complete discretion that it does not want any part or all of the alterations, additions, and improvements done to the leased premises by the Lessee, then and in that event upon written notice from Lessor, Lessee shall be provided solely responsible to Landlord within three (3) days of request; time being of remove the essence. Tenant shall deliver a copy of alterations, additions, and improvements at its sole and complete cost and expense and restore the service contract building to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESits original condition.

Appears in 1 contract

Samples: Lease Agreement (Protea Biosciences Inc.)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, The parties acknowledge and repair agree that Sublessee is subleasing the Subleased Premises on an "as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all is" basis (except for those minor repairs and replacements to the Premises not required ("Minor Repairs") to be made by Landlordto the Subleased Premises, a comprehensive list of which are attached hereto as Exhibit C, which Minor Repairs Sublessor shall, or cause Master Lessor to, repair as soon as practicable following the Commencement Date), and that Sublessor has made no representations or warranties, express or implied, whatsoever, with respect to the Subleased Premises or the Project. Sublessee acknowledges that it has inspected the Subleased Premises and accepts the Subleased Premises in its existing "as is" condition as suitable for the purposes for which the Subleased Premises are to be leased. Sublessor shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Subleased Premises, including, but not limited towithout limitation, all interior repairsany improvement or repair required to comply with any law, and regulation, building code or ordinance (including the heating, air conditioning, plumbing and electrical systems servicing the PremisesAmericans with Disabilities Act of 1990). Tenant Sublessor agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant that Sublessee shall be entitled to no compensation receive all services and repairs that Master Lessor is required to provide to the "Tenant" under the Master Lease to the extent such obligations of the Master Lessor are incorporated herein, provided, however, that Sublessee shall look solely to Master Lessor for inconvenience, injury, or loss of business arising from the making performance of any services and/or repairs required to be performed by Landlord, Tenant, or other tenants to Master Lessor under the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contractthe Master Lease (including, annually written at normal without limitation, Master Lessor's obligations under Sections 7, 10, 23 and customary rates, for the servicing 24 of the HVAC system serving the entire Premises Master Lease and Master Lessor's obligation to xxxxxy with laws) and Sublessee hereby agrees that provides for, at a minimum, Sublessor's only obligations with respect thereto shall be to (i) inspectionrequest performance of the same in writing from Master Lessor promptly after being requested to do so by Sublessee, cleaning and testing at least quarterly, (ii) use Sublessor's commercially reasonable efforts (not including the payment of money, the incurring of any servicingliabilities, maintenance repair or replacement the institution of filtersany legal proceedings) to obtain Master Lessor's performance. Suxxxxxxe expressly waives the provisions of Section 1932, belts or other items covered by such a standard contractsubsection 1, and (iii) an annual service report Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the end expense of each calendar year. Such annual report shall be Sublessor as provided to Landlord within three (3) days in Section 1942 of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESsaid Civil Code.

Appears in 1 contract

Samples: Sublease (Spectrian Corp /Ca/)

Repairs. 8. Xxxxxxxx agrees to maintain By entry hereunder, Lessee accepts the leased premises and leased improvements as being in good conditionand sanitary order, condition and repair, and repair as necessary agrees on the foundations, exterior walls and the roof last day of the Premisesterm hereof, or sooner termination of this Lease, to surrender unto Lessor all singular said premises and improvements with the appurtenances in the same condition as when received, reasonable use and wear thereof excepted. Xxxxxx agrees that it will makeThroughout the term, Lessee shall, at its own Lessee's sole cost and expense, maintain the premises and all repairs improvements in good condition and replacements to the Premises not repair, required to be made by Landlord, including, but not limited to, all interior repairsthrough misuse and ordinary wear and tear, and the heatingin accordance with all applicable environmental laws, air conditioninglaws, plumbing rules, ordinances, orders and electrical systems servicing the Premises. Tenant agrees to do all redecoratingregulations of (1) federal, remodelingstate county, alterationmunicipal, and painting required by it during the term of the Lease at its own cost other governmental agencies and expensebodies having or claiming jurisdiction and all their respective departments, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenantbureaus, and to maintain officials; (2) the Premises in a safe, clean, neat, insurance underwriting board or insurance inspection bureau having or claiming jurisdiction; and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being all insurance companies insuring all or any part of the essencepremises or improvements or both. Tenant In the event Lessee fails to so keep and maintain the leased premises, Lessor may cause the same to be done at the expense of Lessee, and Lessee shall deliver a copy reimburse Lessor upon written demand. Lessor shall make and pay for all repairs required because of original construction defects. Nothing in this provision defining the duty of maintenance shall be construed as limiting or enlarging any right given elsewhere in this lease to alter, modify, demolish, remove, or replace any improvement, or as limiting provision relating to condemnation or to damage or destruction of the service contract premises. No deprivation, impairment, or limitation or use resulting from an event or work contemplated by this paragraph shall entitle Lessee to Landlord within ten (10) days after request. If Tenant fails offset, abatement, or reduction in rent nor to maintain any termination or extension of the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESterm.

Appears in 1 contract

Samples: Agreement (Lithia Motors Inc)

Repairs. 8. Xxxxxxxx agrees to maintain By entry hereunder, Tenant accepts the Premises as being in good conditionand sanitary order, condition and repair, Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and repair as necessary the foundationsshall, exterior walls when and the roof of the Premises. Xxxxxx agrees that it will makeif needed or whenever requested by Landlord to do so, at its own Tenant's sole cost and expense, make all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises and every part thereof, including all interior windows and doors. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Real Estate made necessary Building except as specifically herein set forth. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate duty by Tenant, and to maintain the Premises its agents, servants, employees or invitees, in a safe, clean, neat, and sanitary condition. which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be entitled liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There shall be no compensation for inconvenience, injury, abatement of rent and no liability of Landlord by reason of any injury to or loss of interference with Tenant's business arising from the making of any repairs by Landlordrepairs, Tenant, alterations or other tenants improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the Real Estate Tenant agrees right to keep the heating, ventilating, make repairs at Landlord's expense under California Civil Code Sections 1941 and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term 1942 and any renewal other law, statute or extension terms of this Lease. Tenant ordinance now or hereafter in effect, Landlord shall have the right to enter into a standard maintenance contract, annually written the premises at normal and customary rates, any time for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filtersmaintenance to the Building, belts or other items covered by such a standard contractincluding but not limited to the building structure, HVAC, plumbing and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESelectrical systems.

Appears in 1 contract

Samples: Office Building Lease (SmartCool Systems, Inc.)

Repairs. 84.01. Xxxxxxxx agrees Subject to maintain in good conditionthe terms of this Lease, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will makeTenant shall, at its own sole cost and expense, all (i) make such repairs and replacements to the Premises not required demised premises and the fixtures and appurtenances therein necessitated by the act, omission in violation of Tenant's obligations under, or covenants, terms, provisions or agreements contained in, this Lease or pursuant to Legal Requirements or Insurance Requirements with which Tenant is obligated to comply pursuant to the covenants, terms, provisions or agreements contained in this Lease, or negligence of Tenant, its employees, agents or contractors, and the employees of such agents and contractors (except damage arising from fire or other casualty, but nothing contained herein shall relieve or release Tenant from its obligations to replace Tenant's Property pursuant to Section 8.01(a) of this Lease), and (ii) during such periods as Tenant shall be made operating the same, maintain and subject to Section 27.04(e) hereof make such repairs to Tenant's Systems (hereinafter defined), in each event set forth in clause (i) and clause (ii) of this Section 4.01 as and when needed to preserve them in good working order and condition, subject to ordinary wear and tear, and make such replacements thereof as are necessitated by LandlordTenant's failure to maintain such Tenant's Systems as the same would have been maintained by the owner of a First-Class Office Building, including, but not limited towithout limitation, all interior repairs, complying with the maintenance requirements and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term specifications of the Lease manufacturer of such Tenant's System. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment, the Tenant's Systems or 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 by, or on behalf of, Tenant shall be repaired, restored or replaced promptly by Tenant at its own sole cost and expense. Anything to the contrary provided herein notwithstanding, but subject to pay the provisions of Section 7.04 hereof in no event shall Tenant be responsible for any repairs necessitated by the act, omission (in violation of Landlord's obligations under, or agreements contained in, this Lease or pursuant to the Premises Legal Requirements or the Real Estate made necessary by any Insurance Requirements) or negligence of Landlord or carelessness of Tenant or any of its employees, agents or contractors (and the employees or persons permitted on the Real Estate by Tenant, of such agents and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISEScontractors).

Appears in 1 contract

Samples: Agreement of Lease (Credit Suisse First Boston Usa Inc)

Repairs. 8. Xxxxxxxx agrees Subject to maintain in good conditionthe provisions of Section 11, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will makeTenant shall, at its Tenant's own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain keep the Premises in good order, condition and repair during the Term, including the replacement of all broken glass with glass of the same size and quality, with signs thereon, under the supervision and with the approval of Landlord. If Tenant does not make repairs promptly and adequately, Landlord may, but need not, (after giving Tenant written notice of its intention to perform repairs and a safereasonable opportunity for Tenant to do so first), cleanmake repairs and Tenant shall pay promptly the cost thereof. At any time or times, neatLandlord, and sanitary conditioneither voluntarily or pursuant to governmental requirement, may, at Landlord's own expense, make repairs, alterations or improvements in or to the Building or any part thereof, including the Premises, and, during operations, may close entrances, doors, corridors, elevators or other facilities, all without any liability to Tenant by reason of interference, inconvenience or annoyance. Notwithstanding the foregoing, in undertaking any work permitted or required under this Lease, Landlord shall make all reasonable efforts to minimize interference with Tenant's business operation. If, despite such efforts, there is material interference with Tenant's business such that the Premises are rendered untenantable for their intended use, Landlord shall perform such work during non-business hours or, at Landlord's election, Tenant shall be entitled to no compensation an abatement of Rent for inconveniencethe period during which such material interference and untenantability exist. Landlord shall not be liable to Tenant for any expense, injury, loss or loss of business arising damage resulting from work done in or upon, or the making of use of, any repairs adjacent or nearby building, land, street or alley unless caused by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant's intentional act. Tenant shall pay Landlord for overtime and for any other expense incurred in the cost thereof within ten (10) days after receipt event repairs, alterations, decorating or other work in the Premises are not made during ordinary business hours at Tenant's request. Expenses incurred by the Tenant under this section of same. CONDITION OF PREMISESthe Lease shall be considered Additional Rent, subject to all the same terms and conditions as the Base Rent.

Appears in 1 contract

Samples: Midwest Banc Holdings Inc

Repairs. 8. Xxxxxxxx agrees to LESSEE shall at its sole cost, keep and maintain in good conditionthe Leased Premises and appurtenances and every part thereof, and repair as necessary the foundations(except air conditioning equipment, exterior walls and roofs, which LESSOR agrees to repair), including windows and skylights, doors, any store front and the roof of interior for the Leased Premises, in good condition and repair and in clean arid sanitary condition and repair, free from obnoxious odors. Xxxxxx agrees that it will make, LESSEE shall at its own cost sole cost, keep the Leased Premises in good order, condition and expenserepair and furnish all expendables (light bulbs, all repairs and replacements to etc.) used in the Leased Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term or extended term of the Lease Lease. LESSEE agrees to allow access to LESSOR upon the Leased Premises for the purpose of making reasonable repairs, alterations or remodeling at its own cost reasonable times for any portion of the BUILDING and expensewaives any claim for damages for interference or interruption with LESSEE'S operation of the premises by reason of repairs, alterations or remodeling undertaken by LESSOR anywhere in the BUILDING. LESSOR agrees to use all reasonable diligence in completing any of such repairs, alterations or remodeling. LESSEE further agrees to pay for any repairs to the Premises all maintenance and repair costs resulting from its negligence, or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees employees, or persons permitted on as required under this paragraph. LESSEE SHALL BE RESPONSIBLE FOR ALL ELECTRICAL AND PLUMBING REPAIRS WITHIN THE INTERIOR OF LESSEE'S PREMISES AND/OR AS A RESULTOF LESSEE'S MISUSE AND/OR NEGLIGENCE. LESSOR SHALL BE RESPONSIBLE FOR ANY OTHER PLUMBING OR ELECTRICAL REPAIRS WITHIN THE WALLS OF THE PREMISES. LESSOR'S RIGHTS. In the Real Estate event LESSEE fails to perform LESSEE'S obligations under this Section 12,LESSOR shall give LESSEE notice, in compliance with Section 30 of the lease, of such acts as are reasonably required to fulfill LESSEE'S maintenance obligations hereunder. If LESSEE fails to commence the work within15 days after notice and diligently prosecute the work to completion, then LESSOR shall have the right (but not the obligation) to do such acts or expend such funds at the expense of LESSEE as reasonably required to perform such work. Any amount so expended by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant LESSOR shall be entitled paid by LESSEE to LESSOR promptly after demand, with interest at the rate of 10% per annum from the date of expenditure by LESSOR. LESSOR shall have no compensation liability to LESSEE for inconvenience, injuryany damage to, or loss interference with LESSEE'S use of business arising from the making of any repairs by Landlord, TenantLeased Premises, or other tenants inconvenience to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under LESSEE as a preventive maintenance contract at Tenant’s expense through the entire Lease Term and result of performing any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESwork.

Appears in 1 contract

Samples: Office Lease Agreement (Nettaxi Inc)

Repairs. 84. Xxxxxxxx agrees Owner shall maintain and repair the exterior of and the public portions of the buildings 5, 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) and 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 maintain the building, whether structural or non-structural in good conditionnature, 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 as necessary all damage to the foundations, exterior walls building and the roof demised premises caused by the moving of Tenant's fixtures, furniture or equipment. All the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all aforesaid repairs and replacements shall be of quality or class equal to the Premises not original work or construction. If Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by the Owner at the expense of Tenant, and the heatingreasonable expenses thereof incurred by Owner shall be collectable, air conditioningas additional rent, plumbing and electrical systems servicing after rendition of a bill or statement thereof. If the Premises. demised premises be or become infexxxx with vermin, Tenant agrees to do all redecoratingshall, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, cause the same to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionbe exterminated. Tenant shall give Owner prompt noitce 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 entitled no allowance to the Tenant for a diminution of rental value and no compensation for liability on the part of Owner by reason of inconvenience, injury, annoyance or loss of 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 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 any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasewhich Article 9 hereof shall apply. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESWindow Cleaning:

Appears in 1 contract

Samples: Agreement of Lease (Access Integrated Technologies Inc)

Repairs. 84. Xxxxxxxx agrees to Owner shall maintain in and repair the exterior of and the public portions of the building, including, without limitation, the mechanical systems of the building (but not the air conditioning system). Tenant shall, throughout the term of this lease, take good conditioncare 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 as necessary all damage to the foundations, exterior walls building and the roof demised premises caused by the moving of Tenant's fixtures, furniture or equipment. All the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all aforesaid repairs and replacements shall be of quality or class equal to the Premises not original work or construction. If Tenant fails, after 30 days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by Owner at the reasonable expense of Tenant, and the heatingexpenses thereof incurred by Owner shall be collectible, air conditioningas additional rent, plumbing after rendition of a 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 located in the demised premises and electrical systems servicing following such notice, Owner shall remedy the Premisescondition 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 building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be 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 for breach of contract. The provisions of this Article 4 with respect to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasewhich Article 9 hereof shall apply. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESWindow Cleaning:

Appears in 1 contract

Samples: Coach Inc

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionLandlord shall make, and repair as necessary the foundations, exterior walls and the roof an Operating Expense of the Premises. Xxxxxx agrees that it will make, at its own cost and expenseBuilding, all repairs and replacements necessary to maintain the Premises not required to be made by Landlordplumbing, includingheating, but not limited to, all interior repairs, and the heatingventilating, air conditioning, plumbing electric systems, external windows and electrical systems servicing floors (excluding carpeting and floor coverings), provided, however, that Landlord shall not be obligated to make any such repairs until the Premisesexpiration of a reasonable period of time after receipt of written notice from Tenant that such repair is needed. Tenant agrees In no event shall Landlord be obligated under this Section 13 to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for repair any repairs to the Premises or the Real Estate made necessary damage caused by any act, omission or negligence or carelessness of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. If Tenant requires maintenance, servicing, repair or replacement of any special plumbing, heating or air conditioning systems installed for Tenant's benefit in the Leased Premises, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs is caused solely by the negligence or wilful misconduct of Landlord, its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionemployees. Tenant shall be entitled maintain the Leased Premises and the fixtures and appurtenances therein in good repair at all times. Except to no compensation the extent released by Landlord pursuant to the waiver of subrogation provision in Section 23 hereof, Tenant shall reimburse Landlord for inconvenienceall costs and expenses of repairing and replacing all damage or injury to the Leased Premises and the Building and to fixtures and equipment caused by Tenant or its employees, injuryagents, invitees, licensees, subtenants, or loss contractors, or as the result of all or any of them moving in or out of the Building or by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord shall not be liable by reason of any injury to or interference with Tenant's business arising from the making of any repairs by Landlordrepairs, Tenantalterations, additions or other tenants improvements in or to the Leased Premises or the Real Estate Tenant agrees Building or to keep any appurtenances or equipment therein. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or because of any delay by Landlord in making the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasesame. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided give to Landlord within three (3) days prompt written notice of request; time being of any accidents to, or defects in plumbing, electrical, heating and air conditioning systems and apparatus located in the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESLeased Premises.

Appears in 1 contract

Samples: Agreement of Lease (Worldgate Communications Inc)

Repairs. 8. Xxxxxxxx agrees to maintain By entry, Tenant accepts the Temporary Premises as being in good conditionand sanitary order, condition and repair as necessary the foundations, exterior walls and the roof of the Premisesrepair. Xxxxxx agrees that it will makeTenant, at its own Tenant’s sole cost and expense, all repairs shall continue to keep, maintain and replacements preserve the Temporary Premises in the same manner and to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and same extent as set forth in the heating, air conditioning, plumbing and electrical systems servicing the PremisesSublease. Tenant acknowledges, agrees and affirms that Landlord has made no representations to do all redecorating, remodeling, alteration, and painting required by it during Tenant respecting the term condition of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate Building. Without limiting the foregoing, Tenant shall, at Tenant’s sole expense, be responsible for repairing any area damaged by Tenant, Tenant’s agents, employees, invitees and visitors. All repairs and replacements by Tenant shall be made necessary and performed: (a) at Tenant’s cost and expense and at such time and in such manner as Landlord may reasonable designate, (b) by any negligence contractors or carelessness mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of Tenant the Building or any of its agents the mechanical, electrical, plumbing or employees or persons permitted on other systems in the Real Estate by TenantBuilding, and (e) in accordance with the Rules and Regulations attached to the Lease as EXHIBIT D and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in a safeaccordance with the obligations under the Lease, cleanLandlord shall have the right, neatbut not the obligation, to enter the Temporary Premises and sanitary condition. Tenant shall be entitled to no compensation for inconvenienceperform such maintenance, injury, repairs or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract refurbishing at Tenant’s sole cost and expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into (including a standard maintenance contract, annually written at normal and customary rates, sum for the servicing overhead to Landlord equal to ten percent (10%) of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being cost of the essencemaintenance, repairs or refurbishing). Tenant Landlord shall deliver a copy repair and maintain the exterior and structural parts of the service contract 380 Xxxxxxxx Building including without limitation the foundations, structural load-bearing columns and walls of the Building, the roof, roof structure, roof membranes and exterior walls; the utility pipes, wiring and conduits to Landlord within ten (10) days after request. If Tenant fails their point of connection to maintain the service contract, Landlord may do Temporary Premises; the sidewalks; and the structural or capital aspects of the parking area so that all of the foregoing are kept in good order and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESrepair.

Appears in 1 contract

Samples: Office Lease (Hansen Medical Inc)

Repairs. 8. Xxxxxxxx agrees to Landlord shall consistently maintain in good conditioncondition and promptly repair the exterior of, and repair as necessary the foundations, exterior walls structural portions and the roof public portions of the PremisesBuilding and all Building systems servicing the Premises throughout the Term. Xxxxxx agrees that it will makeTenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at its own Tenant's sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted (subject to the provisions of Subsection C of Article 9 below). Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing but subject to the provisions of Subsection C of Article 9 below, all damage or injury to the Premises not or, subject to Landlord's direction and supervision, to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. Tenant also shall 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 and class equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, including, but not limited to, all interior repairsat the expense of Tenant, and the heatingreasonable, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required out-of-pocket expenses thereof incurred by it during the term Landlord shall be collectible by Landlord as Additional Rent promptly after rendition of the Lease at its own cost and expense, to pay for any repairs to the Premises a bill or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionstatement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof, 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 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 or to fixtures, appurtenances, or equipment thereof. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily or permanently closed, darkened or bricked-up, if required by law or related to any construction upon property adjacent to the Real Property by Landlord or others, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to no any compensation for inconvenience, injury, or loss therefor nor abatement of business arising rent nor shall the same release Tenant from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) its obligations hereunder nor constitute an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESeviction.

Appears in 1 contract

Samples: Agreement of Lease (COMPASS Pathways PLC)

Repairs. 8Subject to the provisions of Article 50 of the Rider annexed hereto, Owner shall maintain and repair the exterior of and the public portions of the building. Xxxxxxxx agrees Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities 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 maintain the building, whether structural or non-structural in good conditionnature, 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 as necessary all damage to the foundations, exterior walls building and the roof demised premises caused by the moving of Tenant's fixtures, furniture or equipment. All the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all aforesaid repairs and replacements shall be of quality or class equal to the Premises not original work or construction. If Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by LandlordTenant, including, but not limited to, all interior repairsthe same may be made by the Owner at the expense of Tenant, and the heatingexpenses thereof incurred by Owner shall be collectible, air conditioningas additional rent, plumbing and electrical systems servicing after rendition of a xxxx or statement therefor. If the Premises. demised premises be or become infested with vermin, Tenant agrees to do all redecoratingshall, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, cause the same to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionbe 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 entitled no allowance to the Tenant for a diminution of rental value and no compensation for liability on the part of Owner by reason of inconvenience, injury, annoyance or loss of 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 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 any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants casualty with regard to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant which Article 9 hereof shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESapply.

Appears in 1 contract

Samples: Agreement of Lease (Logimetrics Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. The Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safegood repair during the term of this Lease, cleanat its own expense, neatincluding the floors, and sanitary condition. Tenant shall be entitled to no compensation for inconveniencewalls, injuryceiling, interior or loss of business arising from the making of any repairs by Landlordexterior doors, Tenantinside plumbing, or other tenants to the Premises or the Real Estate Tenant agrees to keep the all heating, ventilating, air conditioning and conditioning other equipment and fixtures installed by the Landlord. Tenant agrees that it will at its own expense repair, maintain and replace when necessary all equipment (HVACincluding but not limited to heating and air conditioning, doors and/or door closures), fixtures, windows and floor coverings and that it will redecorate the Premises when necessary. Tenant agrees that it will have done at its own expense any work for or about the Premises resulting from or associated with Tenant's occupancy which may be required by law or regulation or lawful authority. Landlord agrees within a reasonable time after receipt of written notice from the Tenant to make all repairs reasonably necessary to the structural portion of the Premises and roof, including gutters and all downspouts, subject to Paragraph 16. The Tenant also agrees, at his own expense, to repair any damage to the common areas and facilities (defined in Paragraph 7) system covered under a preventive maintenance contract caused by the operation of its business or by the actions of its employees, agents or invitees on or about the Premises, the Building, Land or the common areas and facilities, including, without limitation, any damage to the parking areas caused by the operation (including without limitation, the driving, loading or unloading) of delivery vans, trucks, carts or vehicles of any sort servicing Tenant's business or the Premises. The Tenant also agrees at Tenant’s his own expense through to keep in effect during the entire term of this Lease Term and any extension or renewal or extension terms of this Leasethereof a full service contract (preventative maintenance ) on the heating, ventilating and air conditioning equipment with a licensed contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided agrees to provide Landlord within three (3) days of request; time being of the essence. Tenant shall deliver with a copy of the service this Maintenance contract to Landlord within ten (10) days after upon request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISES.

Appears in 1 contract

Samples: Lease Agreement (Strayer Education Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good conditionLessor shall, on behalf of Lessee, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own Lessee's cost and expense, maintain and repair the public portions of the building, both exterior and interior. The expense thereof incurred by Lessor shall be collectable as additional rent from Lessee, after rendition of a bill xx statement therefor, and payable in the same manner as set forth herein for the payment of rent. Lessee shall, throughout the term of this Lease, take good care of the demised Premises and the fixtures and appurtenances therein and at Lessee's sole cost and expense, make all non-structural repairs thereto as and replacements when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. Notwithstanding the foregoing, all damage or injury to the demised Premises not 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 Lessee, Lessee's servants, agents, employees, invitees or licensees, shall be repaired promptly by Lessee at its sole cost and expense, to the satisfaction of Lessor reasonably exercised. Lessee shall also repair all damage to the building and the demised Premises caused by the moving of Lessee's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Lessee fails after ten days notice to proceed with due diligence to make repairs required to be made by LandlordLessee, including, but not limited to, all interior repairs, the same may be made by Lessor at the expense of Lessee and the heatingexpenses thereof incurred by Lessor shall be collectible as additional rent after rendition of a bill xx statement therefor. Lessee shall give Lessor prompt notice of any defective condition in any plumbing, air conditioningheating system or electrical lines located in, plumbing servicing or passing through the demised Premises and electrical systems servicing following such notice, Lessor shall remedy the Premisescondition with due diligence, on behalf of and at the expense of Lessee, which expense shall be collectible as additional rent and shall be payable in the same manner as is rent hereunder, as aforesaid. Tenant agrees Except as is specifically provided for in Paragraph 11 or elsewhere in this Lease, there shall be no allowance to do all redecorating, remodeling, alteration, Lessee for a diminution of rental value and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted no liability on the Real Estate part of Lessor by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for reason of inconvenience, injury, annoyance or loss of injury to business arising from Lessor, Lessee 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 Paragraph 8 with respect to the making of any repairs by Landlord, Tenant, shall not apply in the case of fire or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Leasecasualty which is addressed in Paragraph 11 hereof. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISES

Appears in 1 contract

Samples: Complete Wellness Centers Inc

Repairs. 8Landlord shall make all interior, exterior and structural repairs, excluding such repairs necessitated by the negligence or intentional misconduct of Tenant or Tenant's employees, agents or invitees, but including maintenance, repair or replacement of the roof, windows and window glass, replacement of light bulbs and fluorescent lamps, plumbing, and elech·ical, HVAC 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 or Landlord's employees or agents 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 paii. Xxxxxxxx agrees Landlord shall repair and maintain any sidewalks, curbs and passageways adjoining and/or appmienant to maintain the Demised Premises in good good, clean and orderly condition, free of di1i, rubbish, snow, ice and repair 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) days after the giving of such notice and diligently proceed to complete said work. In the event Landlord fails to commence and/or diligently proceed to complete said work after said written notice, Tenant, in addition to any other remedy it may have, may (i) as necessary agent of Landlord, perform the foundations, exterior walls same and deduct the roof cost thereof from any rent due or that may become due and payable under this Lease or (ii) withhold an amount ofrent equal to one hundred fifty percent (150%) of the Premises. Xxxxxx agrees that it will make, at its own reasonable cost and expense, all repairs and replacements to the Premises not required to be made of perfo1mance of such obligations as reasonably detennined by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any until Landlord performs such repairs to the Premises reasonable satisfaction of Tenant. Anything to the contrary notwithstanding, in the event the repairs to be performed by the Landlord are required to conect a hazardous condition or to end an emergency which renders tl1e premises unsuitable for the use set forth herein, Tenant shall give Landlord, its agent, superintendent or the Real Estate made necessary person designated to receive such notice, immediate notice in writing, personally or by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by TenantOvernight Mail, and Landlord, within twenty-four (24) hours ofreceipt of said notice, shall commence the repairs and diligently proceed with continuity to maintain complete said work. In the event Landlord fails to commence and/or diligently proceed with continuity to complete said work after said notice as aforesaid, Xxxxxx may, as agent for the Landlord, perform same and deduct the cost thereof from any rent due or that may become due and payable under this Lease, or (ii) give Landlord and its managing agent a second notice (the "Second Notice") of said default in the manner above provided. Furthermore, if Tenant provides a Second Notice to Landlord of a such default and Landlord thereafter fails to commence to cure such default within five (5) days following receipt of the Second Notice, or fails thereafter diligently to proceed with continuity to cure said default and, as a result of Landlord's failure, (a) at least 25,000 rentable square feet of the Demised Premises is rendered unusable for Tenant's business purposes and (b) Tenant removes its personnel from such portion of the Demised Premises, then Tenant may terminate this Lease on five (5) days' written notice to Landlord. In the event Tenant is unable to reasonably use and in a safefact discontinues using and vacates such portion of the Demised Premises because of Landlord's failure to perform such work as set forth in the two preceding paragraphs hereof, cleanthe rent shall be reduced during such period proportionately to the diminution in space resulting from such failure. In the eventTenant may still be able to reasonably use the Demised Premises for the purposes set forth in the Lease but Landlord's failure to make repairs or provide services adversely affects Tenant's operations within the Demised Premises, neat, and sanitary condition. Tenant shall be entitled during such period to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants a bona fide equitable reduction in rent. Anything herein to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimumcontrary notwithstanding, (i) inspection, cleaning Tenant's rights under the foregoing provisions are conditioned upon it having sent a copy of all of the above notices to the first mortgagee of the Building as provided in Article 21 hereof at the same time as it sends any such notice to Landlord; and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being all of the essenceabove time periods and Xxxxxx's rights for Landlord's failure to perform its obligations are subject to extension by reason of Unavoidable Delay(s). Tenant shall deliver a copy of make ordinary and non -structural interior repairs, excluding any such repairs the service contract to necessity for which is caused by Landlord within ten (10) days after request. If Tenant fails to maintain the service contractor Landlord's employees, agents or invitees, for which Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESbe responsible.

Appears in 1 contract

Samples: Agreement of Lease (Clipper Realty Inc.)

Repairs. 8(i) Landlord shall maintain and promptly repair the public portions of the building, both exterior and interior. Xxxxxxxx agrees to maintain in Tenant shall, throughout the term of this Lease, take good condition, and repair as necessary care of the foundations, exterior walls demised premises and the roof of the Premises. Xxxxxx agrees that it will make, fixtures and appurtenances therein and at its own Tenant's sole cost and expense, make all non-structural repairs thereto as and replacements when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. Notwithstanding the foregoing, all damage or injury to the Premises not demised 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 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 LandlordTenant, including, but not limited to, all interior repairs, the same may be made by the Landlord at the expense of Tenant and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required expenses thereof incurred by it during the term Landlord shall be collectible as additional rent after rendition of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary conditionbill xx 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 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. Except as specifically provided in Article 13 or elsewhere in this lease, there shall be entitled no allowance to Tenant for a diminution of rental value and no compensation for liability on the part of Landlord by reason of inconvenience, injury, annoyance or loss of injury to business arising from the making of any repairs by Landlord, TenantTenant or others making or failing to make any repairs, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heatingalterations, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESadditions or

Appears in 1 contract

Samples: Lease (PLD Telekom Inc)

Repairs. 8. Xxxxxxxx 14.01 Tenant shall, at its sole cost, keep and maintain the Leased Premises and appurtenances and every part thereof (excepting exterior walls and roofs which Landlord agrees to maintain repair) including by way of illustration and not by way of limitation all windows, and skylights, doors, any store front and the interior of the Leased Premises, including all plumbing, heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and repair as necessary repair. Tenant shall maintain, but shall not be responsible to replace items of a capital nature, except the foundations, exterior walls and HVAC system. Tenant shall be responsible for all pest control within the roof of the Leased Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and to the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it eradication of any ants or termites should infestation be observed during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides forshall, at a minimumits sole cost, (i) inspectionkeep and maintain all utilities, cleaning fixtures and testing at least quarterlymechanical equipment used by Tenant in good order, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contractcondition, and (iii) an annual service report at the end of each calendar yearrepair. Such annual report All windows shall be provided washed and cleaned as often as necessary to Landlord within three (3) days of request; time being of keep them clean and free from smudges and stains. In the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If event Tenant fails to maintain the service contractLeased Premises as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, or fails diligently to proceed thereafter to complete such repairs, Landlord may do so shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and pass these costs along to Tenant. charge Tenant shall pay for the cost thereof within ten as additional rent, together with interest at the rate of twelve percent (1012%) days after receipt per annum from the date of same. CONDITION OF PREMISESmaking such payments.

Appears in 1 contract

Samples: Lease Agreement (Novoste Corp /Fl/)

Repairs. 8. Xxxxxxxx agrees In the event of a fire or other casualty in the Leased Premises or the Complex, Tenant shall immediately give notice hereof to maintain in good conditionLandlord, and repair as necessary the foundationsand, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements subject to the Premises not required other terms and conditions hereof, Landlord shall use its commercially reasonable efforts to cause the repairs to be made with due diligence and reasonable dispatch, provided, however, that Landlord shall not be required to repair or replace furnishings, furniture, or other personal property which Tenant may be entitled to remove from the Leased Premises or any property improvement constructed and installed by or for Tenant in excess of "building standard" as shown on EXHIBIT B attached hereto. If the Leased Premises, or any portion thereof, shall be partially destroyed by fire or other casualty so as to render the Leased Premises, or any portion thereof, untenantable, the rental herein shall proportionately abate from the date of such casualty until such time as the Leased Pxxxxxes, or such damaged portion thereof, are made tenantable. Within ninety (90) days following the date of such casualty, Landlord shall give Tenant written notice of the reasonable estimate from a responsible contractor selected by Landlord of the time estimated to restore the Leased Premises (measured from the day which is 90 days following the date of the casualty) to "building standard" condition and whether Landlord elects to do so. In the event Landlord's contractor's estimate of the time to restore the Leased Premises (measured from the day which is 90 days following the date of the casualty) to "building standard" condition exceeds 180 days, includingTenant shall have the right and option to terminate this Lease upon notice to Landlord within 15 days following Tenant's receipt of Landlord's contractor's estimate. If neither Landlord nor Tenant terminates this Lease, but this Lease shall continue in full force and effect and such repairs will be made within a reasonable time thereafter, not limited toto exceed one hundred and eighty (180) days (measured from the day which is 90 days following the date of such casualty), all interior repairssubject to delays arising from shortages of labor or material, strikes, acts of God, war or other conditions beyond Landlord's reasonable control, provided, however, that Landlord shall use its commercially reasonable efforts to not interfere with Tenant's use and occupancy of the heatingportion of the Leased Premises not destroyed or damaged. No damages, air conditioningcompensation, plumbing or claims shall be payable by Landlord for any inconvenience, loss of business, or annoyance arising from such repair and electrical systems servicing the Premisesreconstruction. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during Landlord agree that the term of the this Lease at its own cost and expense, to pay for any repairs shall be extended by a period of time equal to the Premises or period of such repair and reconstruction. The obligations of Landlord with regard to re-construction are conditioned upon the Real Estate made necessary by any negligence or carelessness consent of Tenant or any Landlord's Mortgagee to the use of its agents or employees or persons permitted on proceeds of insurance for such purposes. So long as the Real Estate by Tenantsame do not interfere with Landlord's repair, reconstruction and to maintain the Premises in a saferestoration activities, clean, neat, and sanitary condition. Tenant shall not be entitled obligated to no compensation for inconvenienceremove its equipment, injury, furniture or loss of business arising furnishings from the making of any repairs by Landlord, Tenant, or other tenants to the Leased Premises or the Real Estate Tenant agrees to keep the heating, ventilating, during such reconstruction and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESrestoration activities.

Appears in 1 contract

Samples: Lease Agreement (Bindview Development Corp)

Repairs. 8. Xxxxxxxx agrees to maintain Except as may otherwise be provided in good conditionArticle 11 of this Lease, and repair as necessary subject to the foundationsprovisions of Article 9 of this Lease, exterior walls and the roof of the Premises. Xxxxxx agrees that it will makeTenant shall, at its own sole cost and expense, keep the Premises in good order, repair and tenantable condition at all times during the Term, ordinary wear and tear excepted, provided, however, that Tenant shall not be required to repair or replace broken or damaged exterior window glass unless such replacement or repair is necessitated by the act, failure to act, or neglect of Tenant, its subtenants, assigns, servants, employees, agents, invitees or guests. If Tenant does not make such repairs and replacements as described above within a reasonable time, Landlord may, but need not, make such repairs and replacements and the costs paid or incurred 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 within thirty (30) days after Tenant’s receipt of an itemized invoice and supporting documentation. Landlord may, but shall not be required so to do, enter the Premises not required at all reasonable times upon prior written notice to be made by LandlordTenant (except in the event of any emergency) to make any repairs, alterations, improvements or additions, including, but not limited to, ducts and all interior other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, maintenance, repair, preservation or improvement of the Building, or as Landlord may be required or requested to do by the City of Elgin or by the order or decree of any court or by any other proper authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, and the heatingalterations, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs improvements or additions to the Premises or the Real Estate made necessary by Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any negligence of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or carelessness temporarily suspend any services and facilities without being deemed or held guilty of an eviction of Tenant or any of its agents for damages to Tenant’s property, business or employees or persons permitted on the Real Estate by Tenantperson, and to maintain the Premises Rent reserved herein shall in a safeno way axxxx while said repairs, cleanalterations, neatimprovements or additions are being made, and sanitary condition. Tenant shall not be entitled to no compensation maintain any set-off or counterclaim for inconvenience, injury, or loss of business arising from the making damages of any repairs kind against Landlord by Landlordreason thereof. Landlord may, Tenantat its option, make all such repairs, alterations, improvements or other tenants to additions in and about the Building and the Premises or during ordinary business hours, but if Tenant desires to have the Real Estate Tenant agrees to keep the heatingsame done at any other time, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay for all overtime and additional expenses resulting therefrom. Landlord agrees to use all reasonable efforts to minimize any interference with Tenant’s business operations in the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESPremises and shall remain liable for its or its agents’ gross negligence.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Sanfilippo John B & Son Inc)

Repairs. 8. Xxxxxxxx agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition7. Tenant shall take good care of the premises and fixtures therein and, subject to the provisions of paragraph 5 hereof shall make, as and when needed, as a result of misuse or neglect by Tenant or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees all repairs in and about the demised premises necessary to preserve them in good order and condition, which repairs shall be entitled in quality and class equal to the original work. However, Landlord * may repair, at the expense of Tenant, all damage or injury to the demised premises or to the building or to its fixtures, appurtenances or equipment, done or caused by Tenant or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees, or caused by moving property of Tenant in or out of the building, or by installation or removal of furniture or other property, or resulting from fire, air conditioning unit or system short circuits, overflow or leakage of water, steam, illuminating gas, sewer gas, sewage or odors, or by frost, or by bursting or leaking of pipes or plumbing works, or gas, or from any other cause, due to the carelessness, negligence, or improper conduct of Tenant, or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees. Except as provided in paragraph 13 hereof, there shall be no compensation allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, injuryannoyance or injury to person(s), property or loss of business arising from the making of any repairs repairs, alterations, additions or improvements in or to any portion of the building or the premises or in or to the fixtures, appurtenances or equipment, nor shall there be any liability upon the Landlord for failure to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in or to the fixtures, appurtenances or equipment. The Tenant shall and does hereby indemnify and hold the Landlord harmless and free from all liability for all injuries suffered by any person(s), and for damages sustained to property, and for any monies paid out by Landlord in settlement of any claims or judgements resulting from such damages or injuries, as well as for all expenses and attorney's fees incurred by Landlord in connection therewith, except if caused by negligence or acts of Landlord, Tenantits agents, or other tenants representatives, employees and contractors. * after twenty (20) days prior written notice to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. if Tenant shall enter into a standard maintenance contractnot have commenced to make such repair within such twenty (20) day period, annually written at normal and customary ratesexcept in an emergency, for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report in which event no notice shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contractrequired, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESWINDOW CLEANING

Appears in 1 contract

Samples: McNaughton Apparel Group Inc

Repairs. 8. Xxxxxxxx agrees to (a) Landlord shall maintain in good conditionorder and repair, and repair as necessary a first class office building, subject to normal wear and tear and subject to casualty and condemnation, the foundationsBuilding (excluding the portions of the Premises for which Tenant is responsible under Section 13(b) below and other portions of the Building leased to other tenants), exterior walls the Building parking facilities, the public areas and the roof landscaped areas. Notwithstanding the foregoing obligation, the cost of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all any repairs and replacements or maintenance to the Premises not required to be made foregoing necessitated by Landlord, including, but not limited to, all interior repairs, and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration, and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises willful misconduct or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents agents, contractors, employees, invitees, licensees, tenants or employees or persons permitted on the Real Estate assigns, shall be borne solely by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled deemed Rent hereunder and shall be reimbursed by Tenant to no compensation Landlord upon demand. Landlord shall not be liable for inconvenience, injuryany failure to make any such repairs, or loss to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided, however, that in making any such repairs, alterations or improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises. Landlord shall not be required to make any repairs by Landlord, Tenant, or other tenants improvements to the Premises or the Real Estate Tenant agrees to keep the heating, ventilatingexcept structural repairs which it is aware are necessary for safety and tenantability, and conditioning except that Landlord shall make repairs to all Building Systems (HVACdefined in Section 1 of the Work Letter) system covered under a preventive maintenance contract at serving the Premises, to the extent such repairs are not necessary on account of Tenant’s expense through the entire Lease Term and any renewal or extension terms 's breach of this LeaseLease or negligent act. Tenant This paragraph (a) shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing not operate to relieve Landlord of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt of same. CONDITION OF PREMISESits obligation under Section 3(b).

Appears in 1 contract

Samples: Lease (Digital Island Inc)

Repairs. 8. Xxxxxxxx agrees (a) Landlord’s obligation with respect to maintain repair and maintenance (which shall be conducted in good conditiona first class manner and otherwise comparable to other first class office buildings similar in size and tenant mix in Washington, and repair D.C.) as necessary part of Basic Services shall be limited to (i) the foundationsstructural portions of the Building, including the parking garage, (ii) the exterior walls and the roof of the Premises. Xxxxxx agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by LandlordBuilding, including, but without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing, HVAC, utility, life safety and security systems, pipes, risers and conduits (except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and are not limited to, all interior repairspart of the core on each floor, and the heatingany supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems), air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do (v) all redecorating, remodeling, alterationBuilding standard lavatories, and painting required by it during (vi) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the term condition of any part of the Lease at its own cost Project unless Tenant has given to Landlord written notice of any required repair and expense, Landlord has not made such repair within a reasonable time (but in any event Landlord shall initiate repairs within seven (7) days of Landlord’s receipt of such notice) following the receipt by Landlord of such notice. The foregoing notwithstanding: (i) Landlord shall not be required to pay for repair damage to any repairs of the foregoing to the Premises extent caused by the acts or the Real Estate made necessary by any negligence or carelessness omissions of Tenant or any of its agents or it agents, employees or persons permitted on contractors, except to the Real Estate extent covered by Tenant, insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant damage or destruction by casualty shall be entitled governed by the provisions of Paragraph 9. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to no compensation for inconvenience, injury, or loss of interference with Tenant’s business arising from the making of any repairs by Landlordrepairs, Tenantalterations or improvements in or to any portion of the Premises, the Building or other tenants the Project except to the Premises extent all or the Real Estate Tenant agrees to keep the heating, ventilating, and conditioning (HVAC) system covered under a preventive maintenance contract at portion of Tenant’s expense through the entire Lease Term and any renewal office is inaccessible or extension terms unusable or there is an interruption of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, services for the servicing of the HVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within greater than three (3) consecutive business days of request; time being after the Landlord has knowledge of the essence. interruption of services, and Tenant shall deliver a copy is unable to conduct its business in the affected portion of the service contract Premises due to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and pass these costs along to Tenant. Tenant shall pay the cost thereof within ten (10) days after receipt interruption of same. CONDITION OF PREMISESservices.

Appears in 1 contract

Samples: Office Lease (Carlyle Group L.P.)

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