Common use of Tenant Obligations Clause in Contracts

Tenant Obligations. Except as otherwise expressly provided in Section 12.2, Tenant, at Tenant's sole cost and expense, shall keep and maintain the interior and exterior of the Premises in good, clean and safe order, condition and repair, including replacement (as necessary), including, without limitation, the following: loading docks, roll up doors and ramps; floors, subfloors and floor coverings; walls and wall coverings (excluding painting of exterior walls); doors, locks and other locking devices, windows, glass and plate glass; ceilings, skylights, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or exclusively serving the Premises (subject to Landlord's rights described below); and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's trade-fixtures and/or equipment. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintenance contractor reasonably acceptable to Landlord for servicing all heating ventilation, and air conditioning systems and equipment inside or exclusively serving the Premises (collectively, the "HVAC System"), which Service Contract shall at a minimum comply with the requirements set forth on Exhibit I attached hereto. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (120) days after the Commencement Date. Notwithstanding the foregoing, Landlord may elect to maintain the Service Contract respecting the HVAC System, in which case Tenant shall reimburse Landlord within thirty (30) days after Landlord's demand for the cost of the Service Contract and shall promptly undertake and complete the repairs and/or replacements recommended by such maintenance contractor during the Term of this Lease. All repairs and replacements by Tenant shall be made and performed: (1) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (2) by certified contractors or mechanics reasonably approved by Landlord, (3) so that same shall be at least equal in quality, value and utility to the original work or installation, (4) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building, Property or the Project, and (5) in accordance with the Rules and Regulations and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repair and shall deliver copies thereof to Landlord upon request.

Appears in 2 contracts

Samples: Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.), Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

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Tenant Obligations. Except as otherwise expressly provided in the “Landlord Obligations” Section 12.2below or otherwise expressly set forth herein, Tenant, at Tenant's ’s sole cost and expense, shall keep and maintain the interior and exterior of Maintain the Premises in good, clean and safe order, condition and repair, including replacement (as necessary)condition, including, without limitation, the following: loading docks(a) the Systems exclusively serving the Premises (including, roll up doors without limitation, exterior lighting and rampssupplemental life safety systems relating to Tenant’s use of the Premises, specialty sprinkler systems and fire suppression systems); floors(b) all fixtures and equipment in the Premises (including, without limitation, the floor/concrete slab, subfloors and floor coverings; walls , all interior and wall coverings exterior doors and windows, all dock equipment (excluding painting of exterior wallsincluding dock doors, levelers, bumpers, dock shelters, ramps and dock lights) and all telephone, telecommunications, data and other communication lines and equipment); doors(c) any fencing exclusively serving the Premises; and (d) the demarcation point or any other point of utility hook up or connection, locks and other locking devicesin each case, windowsrelating to utilities used by Tenant. In addition to the foregoing, glass and plate glass; ceilingsTenant, skylightsat its sole cost, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside shall be responsible for the following to the extent located within or exclusively serving the Premises: security; interior pest control; interior window cleaning; janitorial; trash and recyclables collection services (including dumpsters); office/warehouse lighting (including all heating, ventilating bulbs and air conditioning equipment and systems inside or exclusively serving the Premises (subject to Landlord's rights described belowballasts); and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's trade-fixtures and/or equipmentceiling tiles. Tenant Maintenance work shall be subject to the applicable provisions of the “Alterations; Liens” Section of this Lease below. Unless otherwise directed by Landlord, Tenant, at Tenant’s sole cost, shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintenance contractor reasonably acceptable to Landlord for servicing all heating ventilation(a) HVAC System in compliance with Exhibit E attached hereto, and air conditioning systems and (b) all dock equipment inside or exclusively serving the Premises (collectively, the "HVAC System"), which Service Contract shall at a minimum comply with the requirements set forth on Exhibit I attached heretoPremises. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (120) days after at the Commencement Date. Notwithstanding the foregoing, Landlord may elect to maintain the Service Contract respecting the HVAC System, in which case Tenant shall reimburse Landlord within thirty (30) days after commencement of each Lease Year and upon demand from Landlord's demand for the cost of the Service Contract and shall promptly undertake and complete the repairs and/or replacements recommended by such maintenance contractor during the Term of this Lease. All repairs and replacements Maintenance by Tenant shall be made utilize materials and performed: (1) at Tenant's cost and expense and at such time and equipment that meet or exceed the quality originally used in such manner as Landlord may designate, (2) by certified contractors or mechanics reasonably approved by Landlord, (3) so that same shall be at least equal in quality, value and utility to the original work or installation, (4) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of constructing the Building or any of the mechanical, electrical, plumbing or other systems in the Building, Property or the Project, and (5) in accordance with the Rules and Regulations and all Applicable LawsPremises. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain Maintain the Premises in accordance with the obligations under this Leaseto Landlord’s reasonable satisfaction, which failure continues at the end of fifteen (15) 15 days following Tenant's receipt delivery of written notice from by Landlord stating the nature of the to Tenant describing such failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing Maintenance at Tenant's ’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) % of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance Maintenance and repair and shall deliver copies thereof to Landlord upon request.. Notwithstanding anything contained in this Lease to the contrary, Tenant shall be solely responsible for all costs and expenses incurred by Landlord for any Alterations, or other Maintenance made necessary because of the acts or omissions of Tenant or any Tenant Party (including, without limitation, Tenant Alterations and/or Tenant Maintenance work, Tenant’s special or particular use of the Premises and Tenant voiding a warranty that would otherwise have covered a cost), in each case, to the extent not covered by applicable insurance proceeds paid to Landlord (Tenant being responsible for Landlord’s commercially reasonable deductible notwithstanding the waiver of claims set forth in the “Mutual Waiver of Subrogation” subsection above). Provided that Tenant maintains the required Service Contract for the HVAC Systems serving the Premises as required herein, and except for any replacements necessitated by any negligent action or inaction of Tenant or Tenant Party, Landlord and Tenant agree that, following the expiration of the HVAC Warranty Period (as defined in Exhibit H), if a HVAC unit serving the Premises requires

Appears in 1 contract

Samples: Lease (Repro Med Systems Inc)

Tenant Obligations. Except as otherwise expressly provided in Section 12.2, Tenant, at Tenant's ’s sole cost and expense, shall keep and maintain the interior and exterior of the Premises in good, clean and safe order, condition and repair, including replacement (as necessary), including, without limitation, the following: loading docks, roll up doors and ramps; floors, subfloors and floor coverings; walls and wall coverings (excluding painting of exterior walls); doors, locks and other locking devices, windows, glass and plate glass; ceilings, skylights, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or exclusively serving the Premises (subject to Landlord's ’s rights described below); and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's ’s trade-fixtures and/or equipment. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintenance contractor reasonably acceptable to Landlord for servicing all heating ventilation, and air conditioning systems and equipment inside or exclusively serving the Premises (collectively, the "HVAC System"), which Service Contract shall at a minimum comply with the requirements set forth on Exhibit I attached hereto. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (120) days after the Commencement Date. Notwithstanding the foregoing, Landlord may elect to maintain the Service Contract respecting the HVAC System, in which case Tenant shall reimburse Landlord within thirty (30) days after Landlord's ’s demand for the cost of the Service Contract and shall promptly undertake and complete the repairs and/or replacements recommended by such maintenance contractor during the Term of this Lease. All repairs and replacements by Tenant shall be made and performed: (1) at Tenant's ’s cost and expense and at such time and in such manner as Landlord may designate, (2) by certified contractors or mechanics reasonably approved by Landlord, (3) so that same shall be at least equal in quality, value and utility to the original work or installation, (4) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building, Property or the Project, and (5) in accordance with the Rules and Regulations and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure continues at the end of fifteen (15) days following Tenant's ’s receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's ’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repair and shall deliver copies thereof to Landlord upon requestrepair, as required by any Applicable Law.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)

Tenant Obligations. Except as otherwise expressly provided in Section 12.2, Tenant, at Tenant's ’s sole cost and expense, shall keep and maintain the interior and exterior of the Premises in good, clean and safe order, condition and repair, including replacement (as necessary, unless such replacement is Landlord’s obligation as provided in Section 12.2.), including, without limitation, the following: roof and roof membrane; loading docks, roll up doors and ramps; floors, subfloors subfloors, and floor coverings; walls and wall coverings (excluding painting of exterior walls); doors, locks and other locking devices, windows, glass and plate glass; ceilings, skylights, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or exclusively serving the Premises (subject to Landlord's ’s rights described below); and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's ’s trade-fixtures and/or equipment. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintenance contractor reasonably acceptable to Landlord for servicing all heating ventilation, and air conditioning systems and equipment inside or exclusively serving the Premises (collectively, the "HVAC System"), which Service Contract shall at maintain the HVAC System in a minimum first-class manner and shall also substantially comply with the requirements set forth on Exhibit I attached hereto. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (120) days after the Commencement Date. Upon Landlord’s request and within five (5) business days of receiving such request, Tenant shall deliver full and complete copies of any other service contracts entered into by Tenant pertaining to Tenant’s maintenance obligations of the Premises pursuant to this Lease. Notwithstanding the foregoing, during the continuance of an Event of Default by Tenant, Landlord may elect to maintain the Service Contract respecting the HVAC System, in which case Tenant shall reimburse Landlord within thirty (30) days after Landlord's ’s demand for the cost of the Service Contract and shall promptly undertake and complete the repairs and/or replacements recommended by such maintenance contractor during the Term of this Lease. All repairs and replacements by Tenant shall be made and performed: (1) at Tenant's ’s cost and expense and at such time and in such manner as Landlord may reasonably designate, (2) by certified contractors or mechanics reasonably approved by Landlord, (3) so that same shall be at least equal in quality, value and utility to the original work or installation, (4) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building, Property or the Project, and (5) in accordance with the Rules and Regulations and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure continues at the end of fifteen (15) days following Tenant's ’s receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's ’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) [***] of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repair and shall deliver copies thereof to Landlord upon request.

Appears in 1 contract

Samples: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)

Tenant Obligations. Except as otherwise expressly provided in Section 12.2During the Term, Tenant, at Tenant's its sole cost and expense, shall keep perform all maintenance and maintain repairs to the interior and exterior non-structural elements of the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises (other than those elements thereof or therein which are Landlord’s express responsibility under this Lease) in good, clean and safe order, good condition and repair, including replacement reasonable wear and tear, and damage by Casualty, or taking by eminent domain (as necessary), includingwhich shall instead be governed by Articles 14 and 15 below) excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the following: loading docksinterior side of demising walls; (e) Alterations (described in Section 8); (f) supplemental air conditioning units, roll up doors and ramps; floorskitchens, subfloors and floor coverings; walls and wall coverings (excluding painting of exterior walls); doorsincluding hot water heaters, locks and other locking devices, windows, glass and plate glass; ceilings, skylightsplumbing, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or similar facilities exclusively serving the Premises or any portion thereof, whether such items are installed by Tenant or are currently existing in the Premises (subject to other than the Base Building air handling units outside the Premises, which will be maintained by Landlord's rights described below); and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's trade-fixtures and/or equipment(g) any Cable. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintain in effect throughout the Term maintenance contractor reasonably acceptable to Landlord contracts for servicing all heating ventilation, and any such supplemental air conditioning systems and units or other specialty equipment inside or exclusively serving the Premises and, from time to time upon Landlord’s request, provide Landlord with a copy of such maintenance contract and reasonable evidence of its service record. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 8.01 above. If Tenant fails to make any repairs to the Premises required to be made by Tenant hereunder for more than thirty (collectively, the "HVAC System"), which Service Contract shall at a minimum comply with the requirements set forth on Exhibit I attached hereto. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (12030) days after the Commencement Date. Notwithstanding the foregoingnotice from Landlord (although notice shall not be required in an emergency), Landlord may elect (but shall not be required to maintain do so) make the Service Contract respecting the HVAC Systemrepairs, in which case Tenant shall reimburse Landlord and, within thirty (30) days after Landlord's demand for demand, Tenant shall pay to Landlord the reasonable cost of the Service Contract and repairs. Landlord shall promptly undertake and complete have no obligation to provide any cleaning, janitorial or refuse or waste removal services in or to the repairs and/or replacements recommended by such maintenance contractor during Premises (other than providing the Term of this LeaseOrdinary Trash Dumpster pursuant to Section 7.01 above). All repairs and replacements by Tenant shall be made and performed: (1) responsible, at Tenant's its sole cost and expense expense, for providing cleaning and at such janitorial services to the Premises in a neat and first-class manner consistent with the cleaning standards generally prevailing in comparable buildings in the Greater Boston area for laboratory and office space or as otherwise reasonably established by Landlord in writing from time to time, using an insured contractor or contractors selected by Tenant and in such manner as Landlord may designate, (2) by certified contractors or mechanics reasonably approved in writing by Landlord, Landlord (3) so it being acknowledged and agreed that same it shall be at least equal in quality, value reasonable for Landlord to require a union contractor) and utility to the original work or installation, (4) in a manner and using equipment and materials that will such provider shall not interfere with or impair the operations, use or occupation and operation of the Building or Property by Landlord or any of other tenant or occupant thereof. Tenant shall also be responsible to arrange for, at Tenant’s sole cost and expense, any waste (including biomedical, hazardous and laboratory waste) and refuse removal services for Tenant’s operations at the mechanicalPremises. All waste (including biomedical, electricalhazardous and laboratory waste) and refuse removal shall be performed in compliance with applicable environmental Laws using licensed laboratory waste disposal companies. All ordinary trash (i.e., plumbing or other systems non-organic and non-controlled substances that do not constitute Hazardous Materials) may be stored in the BuildingOrdinary Trash Dumpster, Property or the Projectbut all biomedical, hazardous and (5) laboratory waste and refuse shall be stored in accordance with the Rules and Regulations and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing)shall be removed in compliance with applicable environmental Laws. Tenant shall maintain written records also cause all extermination of maintenance and repair vermin (which expressly excludes the Permitted Animals) in the Premises or resulting from Tenant’s use of the Premises to be performed by companies reasonably approved by Landlord in writing and shall deliver copies thereof to Landlord upon requestcontract and utilize pest extermination services as reasonably necessary or as reasonably requested by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ikena Oncology, Inc.)

Tenant Obligations. Except as otherwise expressly provided in Section 12.2, Tenant, at Tenant's ’s sole cost and expense, shall (a) subject to Landlord’s obligations set forth in this Lease, keep and maintain the interior and exterior of the Premises in gooda neat and orderly condition, clean and safe order(b) Maintain all telephone, condition telecommunications, data and repairother communication lines and equipment and vivarium spaces within the Premises and Tenant shall have the option to Maintain those areas of the Building that are Landlord’s responsibility pursuant to Section 12.2 below (except for the Building footings, including replacement (as necessaryfoundations, structural steel columns and girders and the Building roof and exterior walls), includingupon 30 days’ prior written notice to Landlord. Notwithstanding the foregoing, without limitationin the event Tenant thereafter fails to Maintain those areas of the Building that Tenant elected to Maintain in accordance with the aforesaid sentence to Landlord’s reasonable satisfaction, Landlord may elect to Maintain such areas again pursuant to Section 12.2 below. In addition to the foregoing, Tenant, at its sole cost, shall be responsible for the following: loading docks, roll up doors security; janitorial; trash and ramps; floors, subfloors and floor coverings; walls and wall coverings recyclables collection services (excluding painting of exterior wallsincluding dumpsters); doors, locks and other locking devices, windows, glass and plate glass; ceilings, skylights, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or exclusively serving the Premises (. Tenant Maintenance work shall be subject to Landlord's rights described below); the applicable provisions of Section 13.1 of this Lease. Tenant, at Tenant’s option upon written notice to Landlord and wiringthen at Tenant’s sole cost, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's trade-fixtures and/or equipment. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintenance contractor reasonably acceptable to Landlord for servicing (a) all heating ventilation, and air conditioning systems and equipment inside or exclusively serving the Premises Building (collectively, the "HVAC System"), which Service Contract shall at a minimum comply ”) in compliance with the requirements set forth on Exhibit I E attached hereto, and (b) all dock equipment serving the Building. If Tenant elects to maintain the Service Contract, Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (120) days after at the Commencement Date. Notwithstanding the foregoing, Landlord may elect to maintain the Service Contract respecting the HVAC System, in which case Tenant shall reimburse Landlord within thirty (30) days after commencement of each Lease Year and upon demand from Landlord's demand for the cost of the Service Contract and shall promptly undertake and complete the repairs and/or replacements recommended by such maintenance contractor during the Term of this Lease. All repairs and replacements Maintenance by Tenant shall be made utilize materials and performed: (1) at Tenant's cost and expense and at such time and equipment which meet or exceed the quality of those originally used in such manner as Landlord may designate, (2) by certified contractors or mechanics reasonably approved by Landlord, (3) so that same shall be at least equal in quality, value and utility to the original work or installation, (4) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of constructing the Building or any of the mechanical, electrical, plumbing or other systems in the Building, Property or the Project, and (5) in accordance with the Rules and Regulations and all Applicable LawsPremises. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain Maintain the Premises Building in accordance with the obligations under this Lease, which failure continues at the end of fifteen (15) 15 days following Tenant's ’s receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises Building and perform such maintenance, repairs or refurbishing Maintenance at Tenant's ’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) % of the costs of maintenance, repairs or refurbishing). Notwithstanding anything contained in this Lease to the contrary, Tenant shall maintain written records be solely responsible for all costs and expenses incurred by Landlord for any Alterations, or other Maintenance made necessary because of maintenance the negligence or willful misconduct of Tenant or any Tenant Party, Tenant Alterations, Tenant’s special or particular use of the Building and repair and shall deliver copies thereof Tenant voiding a warranty that would otherwise have covered a cost, in each case, to the extent not covered by applicable insurance proceeds paid to Landlord upon request(Tenant being responsible for Landlord’s commercially reasonable deductible notwithstanding the waiver of claims set forth in Section 11.3).

Appears in 1 contract

Samples: Attornment and Non Disturbance Agreement (Prelude Therapeutics Inc)

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Tenant Obligations. Except as otherwise expressly provided in Section 12.2, Tenant, at Tenant's its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep and maintain the interior and exterior of the Premises in good, clean and safe order, good condition and repair, including replacement (as necessary), includingreasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the following: loading docksinterior side of demising walls; (e) Alterations (described in Section 8); (f) supplemental air conditioning units, roll up doors and ramps; floorskitchens, subfloors and floor coverings; walls and wall coverings (excluding painting of exterior walls); doorsincluding hot water heaters, locks and other locking devices, windows, glass and plate glass; ceilings, skylightsplumbing, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or similar facilities exclusively serving the Premises (subject to Landlord's rights described below)or any portion thereof, whether such items are installed by Tenant or are currently existing in the Premises; and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's trade-fixtures and/or equipment(g) any Cable. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintain in effect throughout the Term maintenance contractor reasonably acceptable to Landlord contracts for servicing all heating ventilation, and any such supplemental air conditioning systems and units or other specialty equipment inside or exclusively serving the Premises and, from time to time upon Landlord’s request, provide Landlord with a copy of such maintenance contract and reasonable evidence of its service record. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 8.01 above. If Tenant fails to make any repairs to the Premises for more than fifteen (collectively, the "HVAC System"), which Service Contract shall at a minimum comply with the requirements set forth on Exhibit I attached hereto. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (12015) days after the Commencement Date. Notwithstanding the foregoingnotice from Landlord (although notice shall not be required in an emergency), Landlord may elect to maintain make the Service Contract respecting the HVAC Systemrepairs, in which case Tenant shall reimburse Landlord and, within thirty (30) days after Landlord's demand for demand, Tenant shall pay to Landlord the reasonable cost of the Service Contract and repairs. Landlord shall promptly undertake and complete have no obligation to provide any cleaning, janitorial or refuse or waste removal services in or to the repairs and/or replacements recommended by such maintenance contractor during the Term of this LeasePremises. All repairs and replacements by Tenant shall be made and performed: (1) responsible, at Tenant's its sole cost and expense expense, for providing cleaning and at such time and in such manner as Landlord may designate, (2) by certified contractors or mechanics reasonably approved by Landlord, (3) so that same shall be at least equal in quality, value and utility janitorial services to the original work or installation, (4) Premises in a neat and first-class manner consistent with the cleaning standards generally prevailing in comparable buildings in the Greater Boston Metropolitan Area for laboratory and office space or as otherwise reasonably established by Landlord in writing from time to time, using equipment an insured contractor or contractors selected by Tenant and materials that will approved in writing by Landlord and such provider shall not interfere with or impair the operations, use or occupation and operation of the Building or Property by Landlord or any of the mechanicalother tenant or occupant thereof. Tenant shall also be responsible to arrange for, electricalat Tenant’s sole cost and expense, plumbing or other systems in the Buildingany waste (including biomedical, Property or the Project, hazardous and (5laboratory waste) in accordance with the Rules and Regulations and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure continues refuse removal services for Tenant’s operations at the end of fifteen Premises. All waste (15including biomedical, hazardous and laboratory waste) days following Tenant's receipt of written notice from Landlord stating the nature of the failureand refuse removal shall be performed in compliance with applicable environmental Laws using licensed laboratory waste disposal companies. All ordinary trash (i.e., or non-organic and non-controlled substances that do not constitute Hazardous Materials) may be stored in the case of an emergency immediately without prior noticecommon trash dumpsters, Landlord but all biomedical, hazardous and laboratory waste and refuse shall have the right to enter be stored in the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including shall be removed on a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing)daily basis. Tenant shall maintain written records also cause all extermination of maintenance and repair vermin in the Premises or resulting from Xxxxxx’s use of the Premises to be performed by companies reasonably approved by Landlord in writing and shall deliver copies thereof to Landlord upon requestcontract and utilize pest extermination services as reasonably necessary or as requested by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Prime Medicine, Inc.)

Tenant Obligations. Except as otherwise expressly provided in Section 12.2, Tenant, at Tenant's sole cost and expense, shall keep and maintain the interior and exterior of the Premises in good, clean and safe order, condition and repair, including replacement (as necessary), including, without limitation, the following: loading docks, roll up doors and ramps; floors, subfloors and floor coverings; walls and wall coverings (excluding painting of exterior walls); doors, locks and other locking devices, windows, glass and plate glass; ceilings, skylights, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or exclusively serving the Premises (subject to Landlord's rights described below); and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's trade-fixtures and/or equipment. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintenance contractor reasonably acceptable to Landlord for servicing all heating ventilation, and air conditioning systems and equipment inside or exclusively serving the Premises (collectively, the "HVAC System"), which Service Contract shall at a minimum comply with the requirements set forth on Exhibit I attached hereto. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (120) days after the Commencement Date. Notwithstanding the foregoing, Landlord may elect to maintain the Service Contract respecting the HVAC System, in which case Tenant shall reimburse Landlord within thirty (30) days after Landlord's demand for the cost of the Service Contract and shall promptly undertake and complete the repairs and/or replacements recommended by such maintenance contractor during the Term of this Lease. Tenant shall also be responsible at its sole cost and expense for repairing all damage to the roof resulting from Tenant’s use thereof. All repairs and replacements by Tenant shall be made and performed: (1) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (2) by certified contractors or mechanics reasonably approved by Landlord, (3) so that same shall be at least equal in quality, value and utility to the original work or installation, (4) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building, Property Building or the ProjectProperty, and (5) in accordance with the Rules and Regulations and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure continues at the end of fifteen (15) days following Tenant's receipt of written notice from Landlord stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repair and shall deliver copies thereof to Landlord upon request. Subject to Tenant’s indemnification of Landlord as set forth in Section 10.1 above, and without relieving Tenant of liability for any damage caused by Tenant or resulting from Tenant’s failure to exercise and perform good maintenance practices, if during the Term any (a) capital repairs or replacements to any of the heating, ventilation and air-conditioning units serving the Premises (each, a “HVAC Unit”) are required or necessary for the operation of the Premises as determined by Landlord in its reasonable discretion (which repairs or replacement are not caused by Tenant’s misuse of the HVAC system or failure to maintain such HVAC Unit, in which case Tenant shall be responsible for such repairs or replacement caused by misuse or failure to maintain such HVAC Unit), or (b) capital upgrades to the Premises are required to comply with applicable laws, except to the extent such upgrades are required or triggered as a result of Tenant’s specific use or improvements (including Alterations) to the Premises, and the cost of either of the capital items described in subparagraph (a) or (b) above exceeds $20,000.00 (a “Capital HVAC or Upgrade Expenditure”), Landlord shall perform such work and Tenant shall reimburse Landlord for the cost of such Capital HVAC or Upgrade Expenditure provided that such cost shall be amortized (including interest on the unamortized cost) over its useful life (but in no event less than five (5) years) as determined in accordance with Landlord’s sound accounting principles. Such reimbursement amount shall be added to Operating Expenses and shall be paid concurrently with and in the same manner as Operating Expenses. Notwithstanding the foregoing, Tenant shall perform such capital repairs, replacements or upgrades, at Tenant’s sole cost and expense, which cost $20,000.00 or less or which is caused by Tenant or Tenant’s failure to perform good maintenance practices or that is required as a result of Tenant’s particular use of, or improvements to, the Premises.

Appears in 1 contract

Samples: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)

Tenant Obligations. Except as otherwise expressly provided in Section 12.2, Tenant, at Tenant's sole cost and expense, shall keep and maintain the interior and exterior of the Premises in good, clean and safe order, condition and repair, including replacement (as necessary), including, without limitation, the following: loading docks, roll up doors and ramps; floors, subfloors and floor coverings; walls and wall coverings (excluding painting of exterior walls); doors, locks and other locking devices, windows, glass and plate glass; ceilings, skylights, and lighting systems; all plumbing, electrical and mechanical equipment and systems inside or exclusively serving the Premises; all heating, ventilating and air conditioning equipment and systems inside or exclusively serving the Premises (subject to Landlord's rights described below); and wiring, appliances and devices using or containing refrigerants, or otherwise attached to or part of Tenant's trade-fixtures and/or equipment. Tenant shall enter into a regularly scheduled preventive maintenance/service contract ("Service Contract") with a maintenance contractor reasonably acceptable to Landlord for servicing all heating ventilation, and air conditioning systems and equipment inside or exclusively serving the Premises (collectively, the "HVAC System"), if applicable, which Service Contract shall at a minimum comply with the requirements set forth on Exhibit I attached hereto. Tenant shall deliver full and complete copies of the Service Contract (and any other service contracts entered into by Tenant) to Landlord within one hundred twenty (120) days after the Commencement Date. Notwithstanding the foregoing, if Tenant fails to maintain a Service Contract as required by this Section 12.1, Landlord may elect to maintain the Service Contract respecting the HVAC SystemContract, in which case Tenant shall reimburse Landlord within thirty (30) days after Landlord's demand for the reasonable and actual cost of the Service Contract and shall promptly undertake and complete the repairs and/or replacements recommended by such maintenance contractor during the Term of this Lease. All repairs and replacements by Tenant shall be made and performed: (1) at Tenant's cost and expense and at such time and in such manner as Landlord may reasonably designate, (2) by certified contractors or mechanics reasonably approved by Landlord, which such approval shall not be withheld, conditioned or delayed, (3) so that same shall be at least equal similar in quality, value and utility to the original work or installation, (4) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building, Property or the Project, and (5) in accordance with the Rules and Regulations and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure continues at the end of fifteen (15) business days following Tenant's receipt of written notice from Landlord stating the nature of the failurefailure and Tenant has failed to commence a cure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing)expense. Tenant shall maintain written records of maintenance and repair and shall deliver copies thereof to Landlord upon request.

Appears in 1 contract

Samples: Pfsweb Inc

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