Common use of Tenant’s Repairs Clause in Contracts

Tenant’s Repairs. Except for damage to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following the Commencement Date, Tenant shall, at Tenant's expense, keep the Leased Premises in good condition and repair at all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agents, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervision.

Appears in 1 contract

Samples: Building Lease Agreement (Ameritrade Holding Corp)

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Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition (subject to normal wear and tear, casualty and condemnation) all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair at all times during and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fall to maintain the Premises, Landlord shall repair any damage give Tenant notice of such failure. If Tenant fails to the Project directly or indirectly caused by or arising out commence cure of the acts or omissions such failure within 30 days of Tenant or TenantLandlord's Agentsnotice, and all thereafter diligently prosecute such repairs cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 30 days after demand therefor; provided, however, that if such failure by Txxxxx creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Landlord shall use reasonable efforts to minimize interference with Txxxxx's operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for- capital repairs and replacements performed or constructed by Landlord in accordance with the other provisions of this Lease. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the "Tenant Maintenance Obligations") shall be performed by Tenant Net Multi-Tenant Laboratory 3033 Science Park/Singular - Page 12 at Txxxxx's sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord's written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer's recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant Is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedimmediately preceding paragraph, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Txxxxx is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant's failure within 10 days after receipt of such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionnotice.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Tenant’s Repairs. Except for damage Subject to Section 13 hereof (and except as otherwise expressly set forth in the Leased Premises or the Building caused by an act or omission fourth paragraph of Landlord or Landlord's employeesSection 2 of this Lease), agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair at all times during and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall repair any damage give Tenant notice of such failure. If Tenant fails to the Project directly or indirectly caused by or arising out commence cure of the acts or omissions such failure within 10 days of Tenant or Tenant's AgentsLandlord’s notice, and all thereafter diligently prosecute such repairs cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses (except as otherwise expressly excluded from Operating Expenses pursuant to Section 5), to be responsible, as provided in the same condition as when receivedSection 13, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 business days after receipt of such repairsnotice (unless the nature of such repair or maintenance is such that longer than 10 business days is reasonably required to cure, and in which case Tenant shall pay Landlord on demand Landlord's actual costs in making have additional time so long as Tenant is diligently pursuing such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisioncure).

Appears in 1 contract

Samples: Lease Agreement (Mirati Therapeutics, Inc.)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSections 13, agents18 and 19 hereof, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition (reasonable wear and repair at tear and damage by fire or other casualty excepted) all times during non-structural portions of the Term. Tenant shall repair any damage interior of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, the interior side of demising walls and, pursuant to the Project directly or indirectly caused by or arising out terms of the acts immediately following paragraph, the Building Systems. Should Tenant fail to make any such repair or omissions replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant or Tenant's Agentsfails to commence cure of such failure within 10 business days of Landlord’s notice, and all thereafter diligently prosecute such repairs cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 15 business days after demand therefor; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit of the coverage afforded to Landlord if such failure by any warranty Txxxxx creates or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails to make needed repairs as provided abovecould reasonably create an emergency, Landlord may make immediately commence cure of such repairs, failure and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of thereafter be entitled to recover the actual costs of performing such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, Tenant shall be responsible for the maintenance and repair of the Building Systems serving the Building (“Building System Maintenance”), at Tenant’s cost and expense, as more specifically set forth on Exhibit G attached hereto. The Building System Maintenance shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Building System Maintenance obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to cover this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the costs performance of Landlord's supervision.the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Building System Maintenance. The Building System Maintenance for which Tenant is responsible shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs, replacements or improvements to the Building Systems, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Building Systems. Notwithstanding anything to the contrary contained herein, if Tenant fails to perform the Building System Maintenance in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Building System Maintenance, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 30 days after receipt of such notice; provided that if the nature of cure is such that it requires more than 30 days to complete, then Landlord shall not assume the Building System Maintenance so long as Tenant continues to diligently pursue such cure to completion. DocuSign Envelope ID: 3D9421BF-E23B-4F57-8C3D-FC854D1C296D Net Laboratory Lease 20 Xxxxxxxx Xxxxxx – Suite 100/Greenlight - Page 16

Appears in 1 contract

Samples: Lease Agreement (GreenLight Biosciences Holdings, PBC)

Tenant’s Repairs. Except (c) The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant's own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for damage the exclusion therefrom of defects not sufficient to impair the Tenant's use of the Leased Premises or while using them in a manner consistent with this Lease. The Landlord may enter the Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following the Commencement Date, Tenant shall, at Leased Premises with reasonable notice ------------------------------- (subject to Tenant's expensereasonable security precautions and right --------------------------------------------------------------- to -- accompany Landlord at all times) (except in the case of an ---------------------------------------------------------- emergency) and view the condition thereof and the Tenant ---------- covenants with the Landlord to repair, maintain and keep the Leased Premises in good condition and substantial repair at all times during the Term. Tenant shall repair any damage according to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agentsnotice in writing, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary reasonable wear and tear excepted. If the Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance fail to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute as aforesaid after reasonable notice to do so, the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand Landlord's actual costs in making such repairs plus a fee in demand. The Tenant covenants with the amount of 10% Landlord that the Tenant will at the expiration of the actual costs of performing such work to cover Term or sooner termination thereof peaceably surrender the costs of Landlord's supervisionLeased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Talk City Inc)

Tenant’s Repairs. Except (c) The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant's own costs, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for damage the exclusion therefrom of defects not sufficient to impair the Tenant's use of the Leased Premises or while using them in a manner consistent with the Building caused by an act or omission of Lease. The Landlord or Landlord's employeesmay enter the Leased Premises at all reasonable time WITH 48 HOURS WRITTEN NOTICE (EXCEPT IN CASE OF EMERGENCY, agentsAND IN THAT EVENT WITH OR WITHOUT WRITTEN OR ORAL NOTICE AS REASONABLY POSSIBLE GIVEN THE CIRCUMSTANCE,) and view the condition thereof and the Tenant covenants with the landlord to repair, contractors, or invitees following the Commencement Date, Tenant shall, at Tenant's expense, maintain and keep the Leased Premises in good condition and substantial repair at all times during the Term. Tenant shall repair any damage according to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agentsnotice in writing, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary reasonable wear and tear excepted. If the Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance fail to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute as aforesaid after reasonable notice to do so, the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand Landlord's actual costs in making such repairs plus a fee in demand. The Tenant covenants with the amount of 10% Landlord that the Tenant will at the expiration of the actual costs of performing such work to cover Term or sooner termination thereof peaceably surrender the costs of Landlord's supervisionLeased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Agreement (Inetvisionz Com Inc)

Tenant’s Repairs. Except for damage to Landlord warrants that all mechanical, electrical and plumbing systems serving the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following will be in good working condition on the Commencement Date, . Landlord makes no warranty as to the condition of the banking equipment and fixtures within the Premises. Tenant shall, through the Term of this Lease, at Tenant's ’s expense, keep maintain the Leased Premises in good condition order and repair, excluding only such repairs as Landlord is specifically obligated to make under this Article, Paragraph C. Tenant shall not suffer or commit waste, Tenant’s obligation to repair at shall include the obligation to maintain, service and replace. Without limiting the generality of the foregoing, Tenant agrees that the obligation of Tenant to repair, maintain, service and replace shall extend to all times during electrical, air conditioning, heating and sprinkler systems, plumbing and plumbing fixtures and sewerage pipes serving the TermPremises. Tenant shall repair any damage be responsible for damage, from whatever causes, to all glass or plate glass in the Premises, for all damages to water pipes in the Premises caused by freezing or neglect by Tenant, and for damages to the Project directly property of other tenants or indirectly Landlord caused by the overflow or breakage of any such pipes in the Premises. Tenant hereby indemnifies Landlord and agrees to hold Landlord harmless from and against any and all costs, expenses, liens or charges against the Premises arising out of the acts or omissions related to any obligation of Tenant hereunder. Tenant shall, upon the expiration or Tenant's Agentssooner termination of the Term of this Lease, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject surrender the Premises to the mutual waiver of subrogation contained herein. At the end of the TermLandlord in good condition, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when receivedbroom clean, ordinary wear and tear excepted. Tenant shall receive Any damage to the benefit Building or adjacent premises caused by Tenant’s use of the coverage afforded Premises shall be repaired at the sole cost and expense of Tenant. Landlord may, but shall not be obligated to, make any repairs to be made by Tenant hereunder, if not promptly made by Tenant, and all such payments made by Landlord shall be payable by Tenant to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisiondemand.

Appears in 1 contract

Samples: Center Lease (Franklin Financial Network Inc.)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition (subject to normal wear and repair at tear, casualty and condemnation) all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out portions of the acts or omissions of Tenant or Tenant's AgentsPremises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and all the interior side of demising walls. Should Tenant fail to make any such repairs repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 30 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant for the actual costs incurred by Landlord with respect thereto within 30 days after Tenant's sole expense’s receipt of a reasonably detailed invoice; provided, however, that Tenant's obligations hereunder are subject if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the mutual waiver actual costs of subrogation contained hereinsuch cure from Tenant within 30 days after written demand therefor. At the end of the TermSubject to Sections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for capital repairs and replacements performed or constructed by Landlord in accordance with the other provisions of this Lease. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedimmediately preceding paragraph, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionnotice.

Appears in 1 contract

Samples: Lease Agreement (ONCOSEC MEDICAL Inc)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition and repair at all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out portions of the acts or omissions of Tenant or Tenant's AgentsPremises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and all the interior side of demising walls. Should Tenant fail to make any such repairs repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 15 business days after demand therefor; provided, however, that if such failure by Tenant creates or could reasonably create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The parties hereby acknowledge and agree that Exhibit G may be amended following the date of this Lease, as reasonably determined by the parties. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedSection 13, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premisesProject. Tenant shall commence such repair within ten (10) days of Notwithstanding anything to the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairscontrary contained herein, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If if Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 10 business days after receipt of such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionnotice.

Appears in 1 contract

Samples: Lease Agreement (Adverum Biotechnologies, Inc.)

Tenant’s Repairs. Except as otherwise provided herein, Tenant shall maintain in clean condition and good repair, and pay the costs and expense thereof, the nonstructural walls (including all patching and painting thereof), gutters, downspouts, exterior and all interior nonstructural portions of the Premises, all healing, ventilating and air conditioning systems and all plumbing, electrical, gas, sprinkler and sewage systems, located within the building constructed by Landlord upon the Premises. Landlord shall be responsible for damage maintenance, repair and replacement of all structural walls, the foundation, the roof and all mechanical and utility installations located outside of the building constructed by Landlord upon the Premises. Landlord and Tenant shall cause to be established a reserve fund for the expense of said Landlord’s repairs, as determined by an independent, objective third party experienced in the determination of appropriate and necessary reserves for the Premises (“Reserve”), which Reserve amounts shall be payable by Tenant as additional Rent on a monthly basis and which amounts shall be escrowed and set aside as a separate Reserve for payment of said expenses. Notwithstanding the Reserve, Landlord shall be responsible for the full cost of Landlord’s repairs in excess of the Reserve at the time of the repair. Tenant further covenants to inspect, maintain and repair, and pay the costs and expense thereof, the fire sprinkler system serving the Premises, (if any) including without limitation the performance of flow tests on such systems on a periodic basis, but in no event less frequently than as may be required or recommended by industry standards for a like-kind system. Landlord agrees to correct any defects in Landlord’s Work or the Construction arising prior to the Leased Premises first anniversary of the Commencement Date provided Tenant gives written notice of such defects to Landlord within thirty (30) days after the first anniversary of the Commencement Date, This time limitation shall not apply to latent defects in Landlord’s Work or the Building caused Construction which Tenant could not reasonably have discovered prior to the expiration of such time period. Landlord further agrees to make all repairs to the Premises, unless occasioned by an act the negligence of Tenant or omission Tenant’s employees, servants, agents or contractors, for a period of one (1) year after the Commencement Date, Landlord shall maintain on file warranties and guaranties pertaining to the General Contractor’s work and the mechanical systems of the Premises. Thereafter, to the extent assignable, Landlord shall assign to Tenant all applicable warranties and guaranties benefiting Landlord or Landlord's Tenant in connection with the construction of and systems serving the Premises for which Tenant has a repair obligation hereunder. Notwithstanding the foregoing to the contrary, Tenant shall be obligated to make those repairs which (i) are occasioned by its negligence, or the negligence of its employees, agents, servants and contractors, or invitees following the Commencement Date, Tenant shall, at Tenant's expense, keep the Leased Premises in good condition and repair at all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agents, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance relate to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee damage encompassed in the amount insurance coverage required to be maintained by Tenant pursuant to Section 9.3 hereof (except to the extent that Tenant’s insurance coverage overlaps or is secondary to Landlord’s primary coverage); or (iii) arises as a direct and proximate result of 10% of the actual costs of performing such work Tenant’s failure to cover the costs of Landlord's supervisionperform Tenant’s repair obligations in Section 6.2 below.

Appears in 1 contract

Samples: Facility Lease Agreement (Global Medical REIT Inc.)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition and repair at all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out interior portions of the acts or omissions of Tenant or Tenant's AgentsPremises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and all the interior side of demising walls. Should Tenant fail to make any such repairs repair or replacement or fail to maintain the Premises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 10 days following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedimmediately preceding paragraph, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make such repairsshall have the right, and but not the obligation, to provide Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervision.with written notice thereof and

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition and repair at all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out interior portions of the acts or omissions of Tenant or Tenant's AgentsPremises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and all the interior side of demising walls. Should Tenant fail to make any such repairs repair or replacement or fail to maintain the Premises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 10 days following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure 739123072.6 Net Multi-Tenant Laboratory 4224 Campus – Suite 210/Regulus - Page 14 from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedimmediately preceding paragraph, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionnotice.

Appears in 1 contract

Samples: Lease Agreement (Regulus Therapeutics Inc.)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSections 13, agents18 and 19 hereof, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition (reasonable wear and repair at tear and damage by fire or other casualty excepted) all times during non-structural portions of the Term. Tenant shall repair any damage interior of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, the interior side of demising walls and, pursuant to the Project directly or indirectly caused by or arising out terms of the acts immediately following paragraph, the Building Systems. Should Tenant fail to make any such repair or omissions replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant or Tenant's Agentsfails to commence cure of such failure within 10 business days of Landlord’s notice, and all thereafter diligently prosecute such repairs cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 15 business days after demand therefor; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit of the coverage afforded to Landlord if such failure by any warranty Xxxxxx creates or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails to make needed repairs as provided abovecould reasonably create an emergency, Landlord may make immediately commence cure of such repairs, failure and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of thereafter be entitled to recover the actual costs of performing such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, Tenant shall be responsible for the maintenance and repair of the Building Systems serving the Building (“Building System Maintenance”), at Tenant’s cost and expense, as more specifically set forth on Exhibit G attached hereto. The Building System Maintenance shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Building System Maintenance obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to cover this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the costs performance of Landlord's supervision.the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Building System Maintenance. The Building System Maintenance for which Tenant is responsible shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs, replacements or improvements to the Building Systems, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Building Systems. Notwithstanding anything to the contrary contained herein, if Tenant fails to perform the Building System Maintenance in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Building System Maintenance, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 30 days after receipt of such notice; provided that if the nature of cure is such that it requires more than 30 days to complete, then Landlord shall not assume the Building System Maintenance so long as Tenant continues to diligently pursue such cure to completion. Net Laboratory Lease 00 Xxxxxxxx Xxxxxx – Suite 100/Greenlight - Page 13

Appears in 1 contract

Samples: Lease Agreement (GreenLight Biosciences Holdings, PBC)

Tenant’s Repairs. Except The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant's own cost except insofar as the obligationto repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to repairs which the Landlord would be required to make under this paragraph but for damage the exclusion therefrom of defects not sufficient to impair the Tenant's use of the Leased Premises or while using them in a manner consistent with this Lease. The Landlord may enter the Building caused by an act or omission of Leased Premises at all reasonable times on notice to the Tenant and view the condition thereof and the Tenant covenants with the Landlord or Landlord's employeesto repair, agents, contractors, or invitees following the Commencement Date, Tenant shall, at Tenant's expense, maintain and keep the Leased Premises in good condition and substantial repair at all times during the Term. Tenant shall repair any damage according to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agentsnotice in writing, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary reasonable wear and tear excepted. If the Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance fail to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute as aforesaid after reasonable notice to do so, the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand Landlord's actual costs demand. The Tenant covenants with the Landlord that the Tenant will at the expiration of the term or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in making good and substantial repair and conditions, reasonable wear and tear excepted, except that within 10 days after such repairs plus a fee expiration or sooner determination the Tenant may remove from the Leased Premises anything in the amount nature of 10% of trade or Tenant's fixtures and Tenant's equipment and furnishings providedthat the actual costs of performing such work Tenant, at its cost, forthwith restores the premises to cover the costs of Landlord's supervisioncondition existing prior to the installation thereof.

Appears in 1 contract

Samples: Agreement (Landstar Inc)

Tenant’s Repairs. Except for damage Subject to Section 13 hereof (and except as otherwise expressly set forth in the Leased Premises or fourth full paragraph of Section 2(a) of this Lease and the Building caused by an act or omission fourth full paragraph of Landlord or Landlord's employeesSection 2(b) of this Lease), agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair at all times during and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall repair any damage give Tenant notice of such failure. If Tenant fails to the Project directly or indirectly caused by or arising out commence cure of the acts or omissions such failure within 10 days of Tenant or Tenant's AgentsLandlord’s notice, and all thereafter diligently prosecute such repairs cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date with respect to the Initial Premises and as of the Subsequent Premises Commencement Date with respect to the balance of the Project, the maintenance and repair obligations for the Premises and the Project shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall continue, as part of Operating Expenses (except as otherwise expressly excluded from Operating Expenses pursuant to Section 5 and except as otherwise expressly set forth in the same condition fourth full paragraph of Section 2(a) of this Lease and the fourth full paragraph of Section 2(b) of this Lease), to be responsible as when received, ordinary wear provided in Section 13 for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Project for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease (each, a “Maintenance Obligation Failure”), Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof. If Tenant does not cure such Maintenance Obligation Failure within 10 business days (unless the nature of such repair or maintenance is such that longer than 10 business days is reasonably required to cure, in which case Tenant shall have additional time so long as Tenant is diligently pursuing such cure) of Landlord’s written notice, Landlord shall provide to Tenant with a second written notice stating that Tenant’s failure to cure its Maintenance Obligation Failure within 5 days after Tenant’s receipt of the second notice may result in Landlord assuming the maintenance obligation with respect to which the Maintenance Obligation Failure exists. Landlord and Tenant acknowledge and agree that (a) the administrative rent of 1% of Base Rent provided for in Section 5 assumes Tenant continues to maintain the portions of the Project for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease as provided abovein this Section 14, and (b) if at any time during the Term, Landlord assumes any or all of the Tenant Maintenance Obligations as provided for in the immediately preceding sentence, then such administrative rent shall be increased to 3% of Base Rent. If Landlord has assumed any of Tenant Maintenance Obligations pursuant to the terms of this paragraph, either Landlord or Tenant may make such repairselect, upon not less than 30 days written notice to the other, to have Landlord assume the balance of the Tenant Maintenance Obligations and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% not be required to perform any of the actual costs of performing Tenant Maintenance Obligations following such work to cover the costs of Landlord's supervisiondate.

Appears in 1 contract

Samples: Lease Agreement (Mirati Therapeutics, Inc.)

Tenant’s Repairs. Except for damage to the Leased Premises or extent the Building same is expressly a Landlord obligation pursuant to Section 13, Tenant, at its sole expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, reasonable wear and tear, casualty (subject to the provisions of Section 17), condemnation, and damages caused by an act Landlord, or omission by any of Landlord or Landlord's ’s agents, servants, employees, agentsinvitees and contractors (collectively, contractors, or invitees following “Landlord Parties”) excluded. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Commencement Date, Term; provided that if Tenant shall, at Tenant's expense, is able to keep the Leased Premises in good condition condition, repair and repair at all times working order (reasonable wear and tear, casualty (subject to the provisions of Section 17), condemnation, and damages caused by Landlord or Landlord Parties excepted) without capital repairs or replacements during the last 3 years of the Term. , then Tenant shall not be obligated to make capital repairs or replacements during such time. Should Tenant fail to make any such repair any damage or replacement or fail to maintain the Project directly or indirectly caused Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 20 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion within a reasonable period, Landlord may perform such work and shall be reimbursed by or arising Tenant for the reasonable out of the acts or omissions pocket costs of Tenant or Tenant's Agents, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expensecure within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or an emergency is imminent, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the reasonable out of pocket costs of such cure from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit any part of the coverage afforded to Landlord Project that results from damage caused by Tenant or any warranty or maintenance/service contract relating to Tenant Party and any repair that benefits only the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionPremises.

Appears in 1 contract

Samples: Lease Agreement (Constellation Pharmaceuticals Inc)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following construction obligations in ---------------- the Commencement DateTenant Work Letter and Landlord's repair obligations in Section 7.2 below, Tenant shall, at Tenant's own expense, keep the Leased Premises Data Center and all non- structural portions of the Premises, including all improvements, fixtures and furnishings therein (but excluding the Base Building Systems, as defined in Section 7.2 below), in good order, repair and condition and repair at all times during the Lease Term, except for damage by ordinary wear and tear, and except for any and damage by casualty which is Landlord's obligation to repair in Section 11.1 below. Tenant Such repair obligations shall include, without limitation, (i) the obligation to promptly and adequately repair any damage to all damaged or broken fixtures and appurtenances, and (ii) maintaining, repairing and replacing, as necessary, at Tenant's sole cost and expense, the Project directly Data Center and Data Center Work (including, without limitation, the Supplemental HVAC Units, whether installed in the Premises or indirectly caused by or arising out on the roof of the acts or omissions of Tenant or Tenant's AgentsBuilding), which repairs shall include ordinary wear and all such repairs tear and casualty damage and shall be performed by Building a third-party maintenance personnel at Tenant's sole expensecontractor selected by Tenant and approved by Landlord pursuant to a maintenance contract approved by Landlord; provided, however, that Tenant's obligations hereunder are subject Landlord may elect to perform such maintenance, repairs and/or replacements, and Tenant shall pay to Landlord, as Additional Rent, the mutual waiver of subrogation contained herein. At actual, documented and reasonable cost thereof (including the end cost of the Termmaintenance contract), without profit to Landlord, within thirty (30) days after invoice from Landlord. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall surrender give Tenant written notice that Tenant must do such acts and expend such funds at the expense of Tenant as are reasonably required to Landlord perform such work. Should Tenant refuse or neglect to repair the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit of the coverage afforded to Landlord by at any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair time within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon on which Landlord makes such written demand on Tenant first became aware of a defect to effect such repair (or need for repairs, if such repair shall require more than ten (10) days to complete and Tenant shall fail to commence such repair within such ten (10) day period and to thereafter have a reasonable opportunity under the particular circumstance to pursue such repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails to make needed repairs as provided above), Landlord may enter the Premises and make such repairs, and upon completion thereof, Tenant shall agrees to pay Landlord on demand to Landlord, as additional rent, Landlord's actual reasonable costs in making of completing such repairs plus an amount not to exceed five percent (5%) of such costs for Landlord's overhead, within thirty (30) days of receipt from Landlord of a fee in the amount written itemized xxxx therefor. Prior to commencing any item of 10% repair or maintenance work which is connected to or may potentially adversely affect any structural portion of the actual costs Building or any of performing such the Base Building Systems, Tenant shall notify Landlord and Landlord may elect to perform the required work to cover at Tenant's cost, which shall in no event exceed the costs of Landlord's supervisioncost for which Tenant could have had the work performed.

Appears in 1 contract

Samples: Office Lease (Homestore Com Inc)

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Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following the Commencement Date’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant's ’s own expense, keep the Leased Premises non-structural, interior portions of the Premises, including all improvements, fixtures and furnishings, in good order, repair and condition and repair at all times during the TermLease Term (but such obligation shall not extend to the Building Structure and the Building Systems, except pursuant to the BS/BS Exception (as all such terms are defined in Section 7.2, below)). In addition, except as provided as part of Landlord’s repair obligation set forth above or elsewhere in this Lease, Tenant shall shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair any all damage to the Project directly Premises and replace or indirectly repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by or arising out of the acts or omissions of Tenant or Tenant's Agents, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. or beyond the reasonable control of Tenant (but such obligation shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating not extend to the Leased premises. Tenant shall commence such repair within ten (10) days of Building Structure and the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairsBuilding Systems, or (ii) except pursuant to the date upon which Tenant first became aware of a defect or need for repairsBS/BS Exception); provided however, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If that, at Landlord’s option, but only if Tenant fails to make needed such repairs as provided aboveand replacements, Landlord may may, but need not, make such repairsrepairs and replacements within thirty (30) days after notice thereof from Landlord (or such sooner period in the case of an emergency), and Tenant shall pay Landlord on demand Landlord's the cost thereof, sufficient to reimburse Landlord for all the actual costs in making such repairs plus thereof, as well as a fee in the amount of 10% percentage of the actual costs thereof (to be uniformly established for the Building, but in no event to exceed five percent (5%)) 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, to the extent not duplicative of performing such Operating Expenses or Utilities Costs and to the extent the work to cover the costs is not performed by people whose salaries are paid out of Landlord's supervisionOperating Expenses or Utilities Costs, forthwith upon being billed for same.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition and repair at all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out interior portions of the acts or omissions of Tenant or Tenant's AgentsPremises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and all the interior side of demising walls. Should Tenant fail to make any such repairs repair or replacement or fail to maintain the Premises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant's sole expenseTenant within 10 days following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant's obligations hereunder are subject . Subject to the mutual waiver of subrogation contained herein. At the end of the TermSections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedimmediately preceding paragraph, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and 732202571.1 to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionnotice.

Appears in 1 contract

Samples: Lease Agreement (Regulus Therapeutics Inc.)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition (subject to normal wear and repair at tear, casualty and condemnation) all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out portions of the acts or omissions of Tenant or Tenant's AgentsPremises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and all the interior side of demising walls. Should Tenant fail to make any such repairs repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 30 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant for the actual costs incurred by Landlord with respect thereto within 30 days after Tenant's sole expense’s receipt of a reasonably detailed invoice; provided, however, that Tenant's obligations hereunder are subject if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the mutual waiver actual costs of subrogation contained hereinsuch cure from Tenant within 30 days after written demand therefor. At the end of the TermSubject to Sections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for capital repairs and replacements performed or constructed by Landlord in accordance with the other provisions of this Lease. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedimmediately preceding paragraph, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionnotice.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employees’s obligations set forth in General Condition B above, agents, contractors, or invitees following from and after the Commencement DateDate for the Existing Building and the New Building, as the case may be, Tenant shall, at Tenant's ’s own expense, keep the Leased Premises Premises, other than the Building Structure and the Building Systems, in good order, repair and condition and repair at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, provided, however, that Tenant shall be entitled to receive reimbursement for such expense to the extent that the cost of any such repair is or is required to be covered by insurance obtained by Landlord as part of Operating Expenses and Article 12, 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 Project directly Premises and replace or indirectly repair all damaged, broken, or worn fixtures and appurtenances, but excluding those items that are the responsibility of Landlord as outlined in Article 9 of this Lease, and excepting damage caused by or arising out of the acts or omissions of Tenant or Tenant's Agents, ordinary wear and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expensetear; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Termthat, Tenant shall surrender to Landlord the Leased Premises and all alterationsat Landlord’s option, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If if Tenant fails to make needed repairs as provided abovesuch repairs, Landlord may may, but need not, make such repairsrepairs and replacements, and Tenant shall pay Landlord on demand the cost thereof, including a reasonable and customary percentage of the cost thereof (to be uniformly established for the Buildings and/or the Project) sufficient to reimburse Landlord for all reasonable and actual overhead, general conditions, fees and other costs or expenses arising from Landlord's actual costs in making ’s involvement with such repairs plus a fee and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the amount Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of 10% Sections 1941 and 1942 of the actual costs of performing such work to cover the costs of Landlord's supervisionCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Molina Healthcare Inc)

Tenant’s Repairs. Except (c) The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant's own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for damage the exclusion therefrom of defects not sufficient to impair the Tenant's use of the Leased Premises or while using them in a manner consistent with this Lease. The Landlord may enter the Building caused by an act or omission of Leased Premises at all reasonable times and view the condition thereof and the Tenant covenants with the Landlord or Landlord's employeesto repair, agents, contractors, or invitees following the Commencement Date, Tenant shall, at Tenant's expense, maintain and keep the Leased Premises in good condition and substantial repair at all times during the Term. Tenant shall repair any damage according to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agentsnotice in writing, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary reasonable wear and tear excepted. If the Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance fail to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute as aforesaid after reasonable notice to do so, the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand Landlord's actual costs in making such repairs plus a fee in demand. The Tenant covenants with the amount of 10% Landlord that the Tenant will at the expiration of the actual costs of performing such work to cover Term or sooner termination thereof peaceably surrender the costs of Landlord's supervision.Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear excepted. INDEMNIFICATION

Appears in 1 contract

Samples: Lease Agreement (Futurelink Distribution Corp)

Tenant’s Repairs. Except for damage Subject to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesSection 13 hereof, agents, contractors, or invitees following the Commencement Date, Tenant shallTenant, at Tenant's its expense, keep the Leased Premises shall repair, replace and maintain in good condition (subject to normal wear and repair at tear, casualty and condemnation) all times during the Term. Tenant shall repair any damage to the Project directly or indirectly caused by or arising out portions of the acts or omissions of Tenant or Tenant's AgentsPremises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and all the interior side of demising walls. Should Tenant fail to make any such repairs repair or replacement DocuSign Envelope ID: FC2CC128-9822-4855-A001-C19E6B8CA968 Net Laboratory Buildings B3 and B4/Singular - Page 16 or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 30 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be performed reimbursed by Building maintenance personnel at Tenant for the actual costs incurred by Landlord with respect thereto within 30 days after Tenant's sole expense’s receipt of a reasonably detailed invoice; provided, however, that Tenant's obligations hereunder are subject if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the mutual waiver actual costs of subrogation contained hereinsuch cure from Tenant within 30 days after written demand therefor. At the end of the TermSubject to Sections 17 and 18, Tenant shall surrender bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for capital repairs and replacements performed or constructed by Landlord in accordance with the other provisions of this Lease. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Premises and all alterationsrespective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, additionsthe scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and improvements thereto Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the same condition as when receivedimmediately preceding paragraph, ordinary wear for capital repairs and tear excepted. Tenant shall receive the benefit of the coverage afforded replacements required to Landlord by any warranty or maintenance/service contract relating be made to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completionProject. If Tenant fails to make needed repairs maintain any portion of the Premises for which Tenant is responsible as provided abovepart of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord may make shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the actual costs of performing such work to cover the costs of Landlord's supervisionnotice.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Tenant’s Repairs. Except for damage By entry hereunder (as above provided), Tenant shall be deemed to have accepted the Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employeesas being in good, agentssanitary order, contractors, or invitees following the Commencement Date, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Leased Premises and every part thereof in good condition and repair at all times during (except as hereinafter provided with respect to Landlord’s obligations) including, without limitation, the Termmaintenance and repair of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, acoustical dropped ceiling systems, interior walls, including demising walls, light fixtures, and heating and air conditioning system. Tenant shall repair any damage obtain a service contract for repairs and periodic maintenance of said heating and air conditioning system with a company acceptable to Landlord, said maintenance contract to conform to the Project directly or indirectly caused by or arising out requirements under the warranty, if any, on said system, but in no event less often than quarterly. Reasonable proof thereof of the acts or omissions of Tenant or Tenant's Agents, and all such repairs said maintenance contract shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject provided to the mutual waiver of subrogation contained hereinLandlord. At Tenant shall, upon the end expiration or sooner termination of the Term, Tenant shall surrender the Premises to Landlord the Leased Premises and all alterationsin good condition, additions, and improvements thereto in the same condition as when receivedbroom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. Unless caused by any act or omission of Tenant, nothing contained in this Article shall be deemed to require Tenant to make any alteration which is of a structural nature or which falls within Landlord’s repair/maintenance obligations hereunder. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails not be required to make needed any repairs as provided above, Landlord may make such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in necessitated by the amount of 10% of the actual costs of performing such work to cover the costs gross negligence or willful misconduct of Landlord's supervision, its agents or employees.

Appears in 1 contract

Samples: Tenant Estoppel Agreement (Pacific Premier Bancorp Inc)

Tenant’s Repairs. Except (c) The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant's own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for damage the exclusion therefrom of defects not sufficient to impair the Tenant's use of the Leased Premises or while using them in a manner consistent with this Lease. The Landlord may enter the Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following Leased Premises during the Commencement Date, Tenant shall, at Tenant's expensebusiness hours upon not less than two (2) business days prior notice with the exception of emergencies times and view the condition thereof and the Tenant covenants with the Landlord to repair, maintain and keep the Leased Premises in good condition and substantial repair at all times during the Term. Tenant shall repair any damage according to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agentsnotice in writing, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary reasonable wear and tear excepted. If the Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance fail to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute as aforesaid after reasonable notice to do so, the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand Landlord's actual costs in making such repairs plus a fee in demand. The Tenant covenants with the amount of 10% Landlord that the Tenant will at the expiration of the actual costs of performing such work to cover Term or sooner termination thereof peaceably surrender the costs of Landlord's supervision.Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear excepted. INDEMNIFICATION

Appears in 1 contract

Samples: Agreement (Jda Software Group Inc)

Tenant’s Repairs. Except (c) The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant’s own costs, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for damage the exclusion therefrom of defects not sufficient to impair the Tenant’s use of the Leased Premises or while using them in a manner consistent with this Lease. The Landlord may enter the Building caused by an act or omission of Leased Premises at all reasonable times and view the condition thereof and the Tenant covenants with the Landlord or Landlord's employeesto repair, agents, contractors, or invitees following the Commencement Date, Tenant shall, at Tenant's expense, maintain and keep the Leased Premises in good condition and substantial repair at all times during the Term. Tenant shall repair any damage according to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agentsnotice in writing, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary reasonable wear and tear excepted. If the Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Leased premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance fail to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute as aforesaid after reasonable notice to do so, the repair to completion. If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand Landlord's actual costs in making such repairs plus a fee in demand. The Tenant covenants with the amount of 10% Landlord that the Tenant will at the expiration of the actual costs Term or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear excepted. Above standard office fixtures such as supplemental air conditioning, dishwashers, garbage disposals, kitchen water heaters, are the sole responsibility of performing such work Tenant to cover the costs of Landlord's supervisionmaintain and replace.

Appears in 1 contract

Samples: Signage Agreement (Imarx Therapeutics Inc)

Tenant’s Repairs. (c) The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant’s own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion there from of defects not sufficient to impair the Tenant’s use of the Leased Premises while using them in a manner consistent with this Lease. Except (i) to the extent requested by the Tenant, (ii) in connection with scheduled maintenance programs, and/or (iii) in the event of an emergency, upon twenty-four (24) hours advance written (which for damage the purposes of this subparagraph (c) notice may be in email form or written form personally delivered to the Leased Premises or only and may be in oral form for Landlord’s entry in connection with its repairs and maintenance (other than as set forth herein)), the Building caused by an act or omission of Landlord or Landlord's employeesmay enter the Leased Premises at all reasonable times and view the condition thereof and the Tenant covenants with the Landlord to repair, agents, contractors, or invitees following the Commencement Date, Tenant shall, at Tenant's expense, maintain and keep the Leased Premises in good condition and substantial repair at all times during the Term. Tenant shall repair any damage according to the Project directly or indirectly caused by or arising out of the acts or omissions of Tenant or Tenant's Agentsnotice in writing, and all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary reasonable wear and tear excepted. If the Tenant shall receive fail to repair as aforesaid after reasonable notice to do so, the benefit of Landlord may affect the coverage afforded to Landlord by any warranty or maintenance/service contract relating repairs and the Tenant shall pay the actual, reasonable out-of-pocket cost thereof to the Leased premises. Tenant shall commence such repair Landlord within ten (10) business days after written demand therefor. The Tenant covenants with the Landlord that the Tenant will at the expiration of the earlier Term or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, casualty and reasonable wear and tear excepted. It is the intention of (i) Tenant's receipt the parties hereto that the terms of written notice from Landlord this Lease govern the respective obligations of a defect or need the parties for repairs, or (ii) the date upon which Tenant first became aware maintenance and repair of a defect or need for repairsthe Leased Premises, and Tenant shall thereafter have a reasonable opportunity under hereby expressly waives the particular circumstance benefits of any statute, law and/or ordinance, now or hereafter in effect, to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. If Tenant fails extent that it is inconsistent with the terms of this Lease, including, but not limited to, Tenant’s right to make needed repairs as provided above, Landlord may make such repairs, if at all, under Sections 1941 and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% 1942 of the actual costs of performing such work California Civil Code, as may be amended or supplemented from time to cover the costs of Landlord's supervisiontime.

Appears in 1 contract

Samples: Lease Agreement (Legalzoom Com Inc)

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