Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical), or to decorate or paint the Premises or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forth. Tenant hereby waives all rights under, and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. (b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand. (c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems. (d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 2 contracts
Sources: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Repair. (a) By entry hereunder upon Upon completion of a walk-through inspection with Landlord at the commencement of the term hereofTerm, Tenant acknowledges that Tenant has thoroughly inspected and accepts the Premises as being subject to all applicable laws, ordinances and regulations and agrees that the Premises are in good, sanitary order, condition and repair, except for any item on the punch list prepared following substantial completion of the Improvements, if any are to be constructed under paragraph 10.1 hereof, by the contractor at that time, and subject to Landlord's obligation to promptly correct any deficiencies in the work required pursuant to Section 10.1 which Tenant may note during such inspection, and further subject to the obligation of Landlord to remedy latent defects in the work done pursuant to the Drawings and Specifications of which Tenant gives Landlord written notice within one year following commencement of the Term. Tenant, at Tenant's sole cost and expense, shall agrees to keep the interior of the Premises and the Building electrical every part thereof (including its own trade fixtures and plumbing systems personal property) in good working order at all times. Tenant condition and repair, except that Landlord shall be responsible for providing its own janitorial services for to maintain and repair the Premises and all other matters concerning day-to-day maintenance of the interior structure of the Building, the Common Areas, the electrical and other utility systems of the Building up to the point of connection with the systems exclusively serving the Premises, and the restrooms of the Demised Premises. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter hereafter in effect, or to offset the cost thereof against Rent. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing decorate and electrical), or to decorate or paint the Premises or any part thereof and, except as expressly set forth in the Drawings and that Specifications and in this paragraph, no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underIf, and benefits ofin an emergency, subsection 1 of section 1932 and sections 1941 and 1942 of the California Civil Code and under it shall become necessary to make promptly any similar law, statute repairs or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements replacements required to any portion of the Real Property at the written request of be made by Tenant, then Tenant shall pay all cost and expense of same as if it were being done on Landlord may, without notice, enter the Premises pursuant and proceed forthwith to Paragraph 9 have the repairs or replacements made and Landlord at its option may charge Tenant for pay the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements exceptedthereof. Tenant shall promptly pay Landlord such cost and expense upon demand.
Within thirty (c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (6030) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Landlord renders a xxxx therefor, Tenant takes occupancy. shall reimburse Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systemscost of making the repairs.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 2 contracts
Sources: Lease (Daily Journal Corp), Lease (Daily Journal Corp)
Repair. (a) By entry hereunder upon commencement a. Except as specifically provided in this Lease, following completion of the term hereofPre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being in good, sanitary order, good condition and repair. Tenant, at Tenant's ’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and the Building electrical improvements and plumbing systems Alterations) in good working order at all times. condition and repair; provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance extent such repairs are (i) necessitated by the negligence or willful misconduct of the interior of the BuildingLandlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements b. Repairs to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant due to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act acts of GodGod or the elements shall be governed by Paragraph 26 below, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease repairs to the contrary, Tenant's acceptance of the Premises due to a governmental taking shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 27 below. Landlord shall remain obligated to repair any latent defects in the Premises and the Buildingif they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's ’s sole cost and expense, repair and maintain in good order condition and condition, repair the foundations, bearing Base Building and exterior walls, Building Systems and cause them to comply with the roof and roof membrane and other structural portions standards of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises operation that are required as a part of Landlord’s Work (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 7(b) and (ii) any capital items 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of repair Tenant or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the amortization cost of other capital items described thereinsuch repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, 7.1 Landlord shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has have no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or any part thereof furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them, except as set forth in the punch list to be delivered pursuant to Section 2.
1. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as specifically herein set forth. forth in this Lease.
7.2 Tenant hereby waives shall, at all rights undertimes during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and benefits ofin compliance with all applicable governmental laws, subsection 1 ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of section 1932 and sections 1941 and 1942 any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the California Civil Code need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 2 contracts
Sources: Lease Agreement (Schrodinger, Inc.), Lease Agreement (LogMeIn, Inc.)
Repair. (a) By entry hereunder upon commencement of the term hereof, The Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenant, shall at Tenant's all times at its sole cost and expenseexpense keep or cause to be kept in good and substantial repair, shall keep order and condition, the interior whole of the Premises Leased Premises, including, without limitation, all leasehold improvements, equipment, trade fixtures, fixtures and the Building electrical other facilities (including, without limitation, all wiring, piping, lighting and plumbing systems fixtures, operating equipment, sprinkler and heating, ventilation, and air conditioning systems) located on, in, under, above, or which directly serve the Leased Premises, and at the expiry or sooner termination of this Lease, the Tenant will peaceably surrender the Leased Premises in good working order and substantial repair and condition, reasonable wear and tear excepted. During the Term of this Lease the Tenant will complete and effect all necessary replacements, repairs (excepting structural repairs), and maintenance in relation to the Leased Premises no matter the cause or reason giving rise to the need to complete repairs, negligence by the Landlord or its agents excepted. The Tenant will permit the Landlord and its agents or employees at all times. Tenant shall be responsible any time, and on reasonable notice, to enter the Leased Premises for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance purposes of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any lawrepair, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improverenovation, or repair the building systems maintenance, which are the responsibility of the Tenant (i.e. plumbing and electrical)Landlord or can be completed by the Landlord, or at its option, pursuant to decorate or paint the Premises or any part thereof and that no representations respecting the condition terms of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forth. Tenant hereby waives all rights under, and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effectthis Lease.
(b) If the Landlord makes any additionsdetermines, alterations or improvements to any portion of acting reasonably, that the Real Property at Tenant is not adequately maintaining the written request of TenantLeased Premises in accordance with the provision set-out above, then the Landlord may give the Tenant written notice of its intention to attend to such maintenance or repairs as necessary, and upon completion of such maintenance or repairs, the Tenant shall pay all the Landlord’s cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation incurred plus Fifteen percent (15%) of the Real Property resulting therefrom incurred by Landlord from time to time Landlord’s costs for overhead and supervision, all as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demandAdditional Rent.
(c) Notwithstanding any All leasehold improvements when installed, whether installed before or after the Tenant takes possession of the terms of Paragraph 10(a) Leased Premises, in or on the Leased Premises become the property of the Lease Landlord, without compensation to the contraryTenant. Notwithstanding the foregoing, Tenant's acceptance and notwithstanding that the Landlord insures the leasehold improvements, the Tenant shall be exclusively responsible for the repair, replacement, operation, and maintenance of the Premises leasehold improvements. Unless the Landlord specifically requires the Tenant to remove, the Tenant shall be subject to Landlord's completion of not remove any punchlist items within sixty (60) days after leasehold improvements from the commencement Leased Premises. At the end of the Agreed Initial Term and Term, or any extension thereof, the Tenant will, at its expense, remove the leasehold improvements that the Landlord has specifically required the Tenant to Landlord's obligation remove. The Tenant shall make good any damage caused to balance and adjust the HVAC and other building systems in Leased Premises or the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in Building by such installation or removal of the Premises leasehold improvements, and the Building, except for Tenant shall restore the electrical Leased Premises to a condition of good and plumbing systemssubstantial repair.
(d) Landlord shallAt the end of the Term, or any renewal thereof, the Tenant will, at Landlord's sole cost and its expense, repair remove all furniture, furnishings, equipment (the “FFE”), and maintain in trade fixtures and make good order any damage caused to the Leased Premises by such installation or removal, and conditionrestore the Leased Premises to a condition of good and substantial repair. If the Tenant does not remove any leasehold improvements, as required by the Landlord, or remove its FFE, the foundationsLandlord may, bearing without liability on its part, without notice to the Tenant, enter the Leased Premises, and exterior wallsremove such items at the Tenant’s expense, plus an administration charge of Fifteen percent (15%) of such amount, to be paid as Additional Rent.
(e) At its sole cost, the roof Tenant shall undertake and roof membrane and other structural portions complete all necessary repairs or replacements required to the Leased Premises, or the Property, as a result of damage occasioned to the Leased Premises, or the Property, by virtue of any break- in or attempted break-in to the Leased Premises.
(f) The Tenant agrees to obtain the prior written approval of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect prior to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as work being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis completed in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinLeased Premises.
Appears in 1 contract
Sources: Lease Agreement (Adven Inc.)
Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, 7.1 Landlord shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has have no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building and the basic plumbing, air conditioning, heating and electrical systems installed or any part thereof furnished by Landlord for the Building that serve the Premises. By taking possession of the Premises, Xxxxxx accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them, except as set forth in the punch list to be delivered pursuant to Section 2.
1. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as specifically herein set forth. forth in this Lease.
7.2 Tenant hereby waives shall, at all rights undertimes during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and benefits ofin compliance with all applicable governmental laws, subsection 1 ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of section 1932 and sections 1941 and 1942 any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the California Civil Code need of such repairs or maintenance is given to Landlord by Tenant.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Xxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 1 contract
Sources: Lease Agreement
Repair. (a) a. By entry hereunder upon commencement taking possession of the term hereofPremises, Tenant accepts Xxxxxx agrees that the Premises as being are in good, sanitary order, good condition and repair. Tenant, at Tenant's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises and Premises, those portions of the Building electrical systems located within and plumbing systems exclusively serving the Premises, and improvements and Alterations) in good working order at all times. condition and repair; provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance extent such repairs are (i) necessitated by the negligence or willful misconduct of the interior of the BuildingLandlord or Landlord's agents, employees or contractors, or (ii) Landlord's obligation pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements b. Repairs to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements necessitated by fire, earthquake, act of God, God or the elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 26 below. Landlord shall remain obligated to repair any latent defects in the Premises and the Buildingif they are damaged due to item (i) described in Paragraph 10.a. above. Further, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, shall repair and maintain in good order condition and condition, repair the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair Building and maintain in good working order the all Building systems, including plumbing, air conditioning, heating, ventilation electrical, life safety and air conditioning system other systems installed or furnished by Landlord, but excluding (i) non-Building standard lighting and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) electrical wiring and (ii) any capital items extraordinary quantities of repair electrical, plumbing, HVAC or replacement may be included in Operating Expense on an amortized basis in other Building facilities or distribution thereof; provided, however, that to the manner provided in Paragraph 7(a) extent repairs which Landlord is required to make pursuant to this sentence are necessitated by the negligence or deliberate misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the amortization cost of other capital items described thereinsuch repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.
Appears in 1 contract
Sources: Office Lease (Ask Jeeves Inc)
Repair. To repair in a fast class manner the Leased Premises, reasonable wear and tear and damage by fire, lightning and tempest and other casualty against which the Landlord is insured only excepted and the Landlord may enter and view the state of repair, and the said Tenant will repair according to notice, reasonable wear and tear and damage by fire, lightning and tempest and other casualty against which the Landlord is insured only excepted and that it will keep and leave the Leased Premises in good repair, reasonable wear and tear and damage by fire, lighting and tempest and other casualty against which the Landlord is insured only excepted. If the Buildings, the elevators, boilers, engines, pipes and other apparatus (aor any of them) By entry hereunder upon commencement used for the purpose of heating or air conditioning the Buildings or operating the elevators, or if the water pipes, drainage pipes, electric lighting or other equipment of the term hereofBuildings or the roof or outside walls become damaged or destroyed through negligence, Tenant accepts carelessness or misuse by the Premises as being in good, sanitary order, condition and repair. Tenant, at Tenant's sole cost and expensehis servants, shall keep agents, employees, or anyone permitted by him to be to the interior Buildings, or through him or them in anyway damaging the heating apparatus, elevators, water pipes, drainage pipes or other equipment or part of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at Buildings, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant who shall pay them to the Landlord as provided forthwith on demand, If the Tenant should fail to repair in accordance with the provisions hereof, the Landlord, its agents or employees may forthwith enter the Leased Premises and make the required repairs and for that purpose the Landlord may bring and leave upon the Leased Premises all necessary tools, materials and equipment, and the Landlord will not be liable to the Tenant for any inconvenience, annoyance or loss of business or any injury or damages suffered by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility Tenant by reason of the Tenant (i.e. plumbing and electrical), or to decorate or paint Landlord effecting such repairs unless caused by the Premises or any part thereof and that no representations respecting the condition negligence of the Premises Landlord, its agents or the Building have been made by Landlord to Tenant except as specifically herein set forth. Tenant hereby waives all rights underemployees, and benefits of, subsection 1 the expense of section 1932 and sections 1941 and 1942 of such repairs will be borne by the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant who shall pay all cost and expense of same as if it were being done on to the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense forthwith upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 1 contract
Sources: Lease Agreement (Active Network Inc)
Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair7.1. Tenant, at Tenant's sole cost and expense, Landlord shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has have no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord and including any part thereof leaks from the Building Mechanical Area or the 21st floor. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as specifically herein set forthforth in this Lease.
7.2. Tenant hereby waives shall, at all rights undertimes during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and benefits ofin compliance with all applicable governmental laws, subsection 1 ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of section 1932 and sections 1941 and 1942 any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the California Civil Code need for such repairs or maintenance is given to Landlord by Tenant.
7.4. Except as provided in Article 23 of this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes . In any additionscase, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and give Landlord at its option may charge least thirty (30) days notice describing in reasonable detail any repair which Tenant for the entire additional cost proposes to make at Landlord’s expense and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to Tenant shall not make any such additions, alterations repair unless Landlord fails to commence such repair within said time or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord fails to continue with such cost and expense upon demandrepair with reasonable diligence.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 1 contract
Sources: Assumption and Attornment Agreement (Archipelago Holdings L L C)
Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair7.1. Tenant, at Tenant's sole cost and expense, Landlord shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has have no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or any part thereof furnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them, except as set forth in the punch list to be delivered pursuant to Section 2.1. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as specifically herein set forthforth in this Lease.
7.2. Tenant hereby waives shall, at all rights undertimes during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and benefits ofin compliance with all applicable governmental laws, subsection 1 ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of section 1932 and sections 1941 and 1942 any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense.
7.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the California Civil Code need of such repairs or maintenance is given to Landlord by Tenant.
7.4. Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord’s expense under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 1 contract
Repair. (a) a. By entry hereunder upon commencement taking possession of the term hereofPremises, Tenant accepts agrees that the Premises as being are in good, sanitary order, good condition and repair. Tenant, at Tenant's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises and Premises, those portions of the Building electrical systems located within and plumbing systems exclusively serving the Premises, and improvements and Alterations) in good working order at all timescondition and repair. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. b. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order condition and condition, repair the foundations, bearing and exterior walls, Base Building (other than the roof and roof membrane and other structural portions of Building systems that are Tenant's responsibility to maintain and repair pursuant to Paragraph 10.a. above) and common areas of the BuildingReal Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to this Paragraph 10.b. are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance. Landlord shall also in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in good working order accordance with the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect foregoing provisions to the repair and maintenance standards of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis other first-class high-rise office buildings in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinSan Francisco financial district.
Appears in 1 contract
Repair. (a) a. By entry hereunder upon commencement taking possession of the term hereofPremises, Tenant accepts agrees that the Premises as being are in good, sanitary order, good condition and repair, but the foregoing shall not relieve Landlord from its obligation to perform Landlord's Work as required by Paragraph 4.c. above, or from its repair obligations pursuant to Paragraphs 10.b. and 26 below. Tenant, at Tenant's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises and Premises, those portions of the Building electrical systems located within and plumbing systems exclusively serving the Premises, and improvements and Alterations) in good working order at all timescondition and repair, ordinary wear and tear excepted. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. b. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order condition and condition, repair the foundations, bearing and exterior walls, Base Building (other than the roof and roof membrane and other structural portions of Building systems that are Tenant's responsibility to maintain and repair pursuant to Paragraph 10.a. above) and common areas of the BuildingReal Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to this Paragraph 10.b. are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance (assuming for such purpose that Landlord carries the insurance it is required to carry pursuant to Paragraph 15.d. below). Landlord shall also in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in good working order accordance with the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect foregoing provisions to the repair and maintenance standards of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis other first-class high-rise office buildings in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinSan Francisco financial district.
Appears in 1 contract
Sources: Office Lease (Critical Path Inc)
Repair. (a) By entry hereunder upon commencement Subject to the provisions of the term hereofthis Xxxxxxxxx 00, Tenant accepts the Premises as being in goodXxxxxx, sanitary order, condition and repair. Tenant, ------ at Tenant's sole cost and expensecost, shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all timescondition and repair, damage by fire, earthquake, act of God or the elements excepted. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance law now or hereinafter hereafter in effect. It is Except as specifically understood and agreed that set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forththereof. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expensecost, perform those repairs that are necessitated because of fire, earthquake, act of God or the elements, or by the negligence or willful misconduct of Landlord. Further, Landlord shall repair and maintain in good order and condition, condition the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair , the exterior and maintain in good working order the heating, ventilation public and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance common areas of the HVAC system Real Property and elevator: all Building systems, including plumbing, HVAC, electrical, telecommunications cabling, life safety and other systems installed or furnished by Landlord, but excluding (1i) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) non-Building standard lighting and electrical and telecommunications wiring and (ii) any capital items extraordinary quantities of repair electrical, telecommunications, plumbing, HVAC or replacement may other Building facilities or distribution thereof, the costs of all of which shall be included in Operating Expense on an amortized basis in operating Expenses. Notwithstanding the manner provided in foregoing, if the repairs Landlord is required to make pursuant to this Paragraph 7(a) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the amortization cost of other capital items described thereinsuch repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.
Appears in 1 contract
Sources: Office Lease (Intellisys Group Inc)
Repair. (a) By Except as otherwise provided herein, by entry hereunder upon ------ commencement of the term hereof, the Tenant acknowledges and accepts the Premises as being in good, sanitary order, condition and repair. Except to the extent provided to the contrary in paragraph 17, the Tenant, at the Tenant's sole cost and expense, shall agrees to keep the interior of the Premises and the Building electrical every part thereof (including its own trade fixtures and plumbing systems personal property) in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises condition and all other matters concerning day-to-day maintenance of the interior of the Buildingrepair. Tenant hereby waives all rights to make repairs at the expense of the Landlord as provided by any law, statute or ordinance now or hereinafter hereafter in effect, or to offset the cost thereof against Rent. It Except as otherwise provided in this Lease, it is specifically understood and agreed that the Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof and that and, except as expressly set forth in this Lease, no representations respecting the condition of the Premises or the Building have been made by the Landlord to the Tenant. If, in an emergency, it shall become necessary to make promptly any repairs or replacements required to be made by Tenant, Landlord may reenter the Premises and proceed forthwith to have the repairs or replacements made and pay the cost thereof. Within thirty (30) days after Landlord renders a xxxx therefor, Tenant except as specifically herein set forthshall reimburse Landlord for the cost of making the repairs. Tenant hereby waives all rights underNotwithstanding anything to the contrary in this Lease, Landlord, and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of not Tenant, then Tenant shall pay all cost perform and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of construct, any repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time or improvement (i) required as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion a consequence of any punchlist items within sixty (60) days after the commencement violation of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems Law or construction defect in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions as of the Building. applicable Commencement Date, (ii) for which Landlord shall also repair has a right of reimbursement from others, (iii) which would be treated as a "capital expenditure" under generally accepted accounting principles, and maintain in good working order (iv) to the heating, ventilation ventilating, air conditioning, electrical, water, sewer, and air conditioning system and elevator plumbing systems serving the Premises (except that Tenant Premises. Tenant' s obligation, if any, to reimburse Landlord for the costs of such repairs, maintenance and improvements shall be responsible for cleaning governed by the elevator cab). With respect to the repair and maintenance other provisions of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinLease.
Appears in 1 contract
Sources: Lease (Genesys Telecommunications Laboratories Inc)
Repair. (a) a. By entry hereunder upon commencement taking possession of the term hereofPremises, Tenant accepts agrees that the Premises as being are in good, sanitary order, good condition and repair, subject to completion of Punch List Items. Tenant, at Tenant's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises and Premises, those portions of the Building electrical systems located within and plumbing systems exclusively serving the Premises, and improvements and Alterations) in good working order at all times. condition and repair, ordinary wear and tear excepted; provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance of the interior of the Buildingextent such repairs are Landlord's obligation pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of 14 California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. b. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order condition and condition, repair the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair Building and maintain in good working order the all Building systems, including plumbing, air conditioning, heating, ventilation electrical, life safety and air conditioning system other systems installed or furnished by Landlord (other than the portions of those systems that are Tenant's responsibility to maintain and elevator serving the Premises repair pursuant to Paragraph 10.a. above), but excluding (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair i) non-Building standard lighting and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) electrical wiring and (ii) any capital items extraordinary quantities of repair electrical, plumbing, HVAC or replacement may be included in Operating Expense on an amortized basis in other Building facilities or distribution thereof; provided, however, that to the manner provided in Paragraph 7(a) extent repairs which Landlord is required to make pursuant to this sentence are necessitated by the negligence or deliberate misconduct of Tenant or Tenant's agents, employees or contractors, then Tenant shall reimburse Landlord for the amortization cost of other capital items described thereinsuch repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.
Appears in 1 contract
Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. a. Tenant, at Tenant's ’s sole cost and expense, shall keep the Premises and every interior, non-structural part thereof (including the interior walls and ceilings of the Premises and Premises, those portions of the Building electrical systems located within and plumbing systems exclusively serving the Premises, and Tenant Improvements and Alterations, and including, without limitation, dishwashers, garbage disposals, and insta-hot dispensers) in good working order at all times. condition and repair; provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance extent such repairs are (i) necessitated by the negligence or willful misconduct of the interior of the BuildingLandlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligations pursuant to Paragraph 10.b. Tenant hereby below. Except as expressly provided in Paragraph 10.c. below, Xxxxxx waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion . In completing repair and maintenance of the Real Property at the written request of TenantPremises, then Tenant shall pay all cost and expense of same comply with Xxxxxxxx’s Sustainability Practices (as if it were being done on defined below), including any third-party rating system concerning the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation environmental compliance of the Real Property resulting therefrom incurred by Landlord Building or the Premises, as the same may change from time to time as determined by Landlord, damage time.
b. Repairs to any such additions, alterations or improvements by the Premises due to fire, earthquake, act acts of GodGod or the elements shall be governed by Paragraph 26 below, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease repairs to the contrary, Tenant's acceptance of the Premises due to a governmental taking shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 27 below. Landlord shall remain obligated to (1) repair any latent defects in the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below), and the Building, except for the electrical and plumbing systems.
(d2) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order condition consistent with other Comparable Buildings and condition, repair the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain walls, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking garage, stairwells, escalators, elevator cabs, and all plazas, artwork, sculptures, common washrooms, mechanical, electrical and telephone closets, an all Common Areas and public areas, and all Building systems, including plumbing, heating, electrical, life safety and other systems installed or furnished by Landlord (other than the portions of those systems that are Tenant’s responsibility to maintain and repair pursuant to Paragraph 10.a. above), provided that, if repairs under this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall also in no event be obligated to repair any wear and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect tear to the Premises.
c. If Landlord fails to perform any of its repair and maintenance obligations within the Premises under this Lease and such failure materially adversely affects the use of or operation of business from the HVAC system Premises or any part thereof, and elevator: if Landlord fails to cure or to commence the cure of such failure within a reasonable period of time after written notice (1or oral notice in the event of an emergency), given the circumstances, after the receipt of such notice, but in any event not later than twenty (20) any service contracts therefore days after written notice from Tenant and thereafter diligently pursue such cure to completion, and such failure continues for five (5) days after Xxxxxx's delivery of an additional written notice to Landlord specifying that Tenant intends to take such actions (provided, however, that neither of such notices shall be included within the definition required in an event which poses an imminent threat of Operating Expense bodily injury) then Tenant 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.20)
Appears in 1 contract
Sources: Office Lease (e.l.f. Beauty, Inc.)
Repair. (a) By entry hereunder upon commencement of the term hereofExcept as specifically provided and set forth in Paragraphs 17 and 18 herein, relating to restoration after condemnation or casualty, Tenant accepts covenants and agrees that it will, at its own expense during the Premises continuation of this Lease, make such current repairs, maintenance, restoration, and replacements as being are required to keep or put the demised premises in good, sanitary order, condition first-class order and repair. Tenant, at Tenant's sole cost including, but not by way of limitation, the following: landscaping, sidewalks and expenseblacktoping, shall keep the heating and air-conditioning systems and equipment, doors, interior of the Premises walls, floors, ceilings and the Building electrical plate glass and plumbing systems in good working order at all timeswindows. Tenant shall be responsible for providing its own janitorial services for also make and do periodic painting and general refurbishing so as to maintain the Premises and demised premises at all other matters concerning day-to-day maintenance times in an attractive clean condition. In event Tenant shall fail to make any of the interior of the Building. Tenant repairs required hereunder within thirty (30) days following written demand from Landlord for such repairs, Landlord is hereby waives all rights authorized to make such repairs at and charge the expense cost of such repairs to Tenant as additional rental; provided, however, that upon default of this obligation, Landlord may and notwithstanding the necessity of any written demand or time limitation hereinbefore set forth, and in order to secure itself as provided by any lawto the performance of Tenant's obligations under this paragraph, statute or ordinance now or hereinafter charge Tenant as additional rental that sum which in effect. It is specifically understood Landlord's reasonable estimation would be necessary to make and agreed that Landlord has no obligation and has made no promises complete repairs to alter, remodel, improve, or repair the building systems premises which are Tenant's obligations under this Lease. In the responsibility of the Tenant (i.e. plumbing and electrical), or to decorate or paint the Premises or any part thereof and that no representations respecting the condition of the Premises or the Building have been event actual repairs are made by Landlord to Tenant except as specifically herein set forth. and the cost exceeds Landlord's reasonable estimate, Tenant hereby waives all rights under, covenants and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements agrees that it will forthwith pay to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage as additional rent, such additional money to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demandfully reimburse Landlord.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described therein.
Appears in 1 contract
Repair. (a) By entry hereunder upon commencement Tenant shall take good care of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenantand, at Tenant's sole cost and expense, shall keep the interior of make all repairs and replacements as and when Landlord deems necessary to preserve the Premises and the Building electrical and plumbing systems in good working order at all times. and condition normal wear and tear excepting, except that Tenant shall not be responsible for providing required to make any such structural repairs or structural replacements unless necessitated or occasioned by the acts, omissions or negligence of Tenant, or any of its own janitorial services for employees, contractors, agents or invitees, or by the manner of Tenant's use or occupancy of the Premises (but then only to the extent not covered by Landlord's insurance). Landlord shall not be liable for and all other matters concerning day-to-day maintenance there shall be no abatement of the interior Base Rental or Additional Charges with respect to any injury to or interference with Xxxxxx's business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Building, including the Premises, or in or to the fixtures, appurtenances and equipment therein. Tenant hereby waives all rights and releases its right to make repairs at the Landlord's expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical), or to decorate or paint the Premises or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forth. Tenant hereby waives all rights under, and benefits of, subsection 1 of section 1932 and sections under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect.
(b) If Landlord makes All repairs and replacements made by or on behalf of Tenant or any additions, alterations person claiming through or improvements to any portion of the Real Property at the written request of Tenant, then under Tenant shall pay all be made and performed (i) at Tenant's sole cost and expense of and at such time and in such manner as Landlord may reasonably designate, (ii) by contractors or mechanics reasonably approved by Landlord, (iii) so that same as if it were being done on shall be at least equal in quality, value, and utility to the Premises pursuant to Paragraph 9 original work or installation in all material respects, (iv) in accordance with the rules and Landlord at its option may charge Tenant regulations for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred Building reasonably adopted by Landlord from time to time as determined by Landlordtime, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (iiv) any capital items in accordance with all applicable laws and regulations of repair or replacement may be included in Operating Expense on an amortized basis in governmental authorities having jurisdiction over the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinPremises.
Appears in 1 contract
Sources: Lease Agreement (Embark Com Inc)
Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. a. Tenant, at Tenant's ’s sole cost and expense, shall keep the interior of in good condition and repair the Premises and every part thereof, including, without limitation (i) all plumbing and sewer facilities serving the Building electrical Premises (including all sinks, toilets, faucets and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for drains), (ii) the rooftop HVAC units serving the Premises and all other matters concerning day-to-day maintenance of appurtenances thereto (the “HVAC Units”), (iii) the interior of walls, floors, ceilings, interior doors, and all interior and exterior windows, (iv) all electrical facilities and equipment serving the Premises (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems), (v) all fire extinguishing equipment in the Building, and (vi) Tenant’s trade fixtures, installations, equipment and other personal property within the Premises. Notwithstanding the foregoing, Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligations pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion . Without limitation of the Real Property at the written request of Tenantforegoing, then Tenant shall pay all cost and expense of same as if it were being done on maintain in place throughout the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repairLease term, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined with a contractor reasonably approved by Landlord, damage a preventive maintenance contract for the quarterly maintenance of the HVAC Units, which contract shall be provided to Landlord upon request for Landlord’s review and approval. Notwithstanding anything to the contrary above, at Landlord’s option, Landlord may elect to perform the maintenance and repair of the HVAC Units itself, with Tenant to reimburse Landlord for the cost thereof (not to exceed customary market rates) not later than thirty (30) days following receipt of Landlord’s written invoice therefor. Further, notwithstanding anything to the contrary above in this Paragraph 10.a. or elsewhere in this Lease, Landlord warrants the good working condition of the HVAC Units for a period of twelve (12) months following the Commencement Date and, if any repairs are required to the HVAC Units during such additionstwelve (12) month period, alterations Landlord shall bear the cost of such repairs (excluding, however, any repairs required due to the misuse of the HVAC Units by Tenant or improvements its employees, agents on contractors or Tenant’s failure to perform the required quarterly maintenance, unless Landlord has taken responsibility for such quarterly maintenance, in the manner permitted above). Notwithstanding the foregoing, if a warranty held by Landlord for the HVAC Units extends beyond the aforementioned twelve (12) month period, Landlord shall make the warranties available to Tenant, at no cost to Landlord, for the duration of such warranties.
b. Repairs to the Premises due to fire, earthquake, act acts of GodGod or the elements shall be governed by Paragraph 26 below, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease repairs to the contrary, Tenant's acceptance of the Premises due to a governmental taking shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 27 below. Landlord shall remain obligated to (1) repair any latent defects in the Premises and if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below), (2) perform any repairs required to the BuildingBuilding systems during the first three (3) months immediately following the Delivery Date (with disrepair of such Building systems after the end of such three (3) month period being the responsibility of Tenant under Paragraph 10.a. above, except that, to the extent any warranties received by Landlord for the electrical and plumbing systems.
(d) subject items continue beyond such 3-month period, Landlord shallshall make the warranties available to Tenant, at no cost to Landlord's sole cost , for the duration of such warranties); and expense, (3) repair and maintain in good order condition and conditionrepair the roof, the foundations, bearing exterior and exterior walls, the roof and roof membrane and other structural portions of the BuildingBuilding and the Common Areas, provided that, if repairs under items (2) or (3) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance or warranties. Landlord shall also in no event be obligated to repair any wear and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect tear to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinPremises.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
Repair. (a) a. By entry hereunder upon commencement taking possession of the term hereofPremises, Tenant accepts agrees that the Premises as being are in good, sanitary order, good condition and repair. Tenant, at Tenant's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises and Premises, those portions of the Building electrical systems located within and plumbing systems exclusively serving the Premises, and improvements and Alterations) in good working order at all timescondition and repair. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. b. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order condition and conditionrepair the Base Building (other than the portions of Building systems that are Tenant's responsibility to maintain and repair pursuant to Paragraph 10.a. above) and common areas of the Real Property; provided, however, that to the foundationsextent repairs which Landlord is required to make pursuant to this Paragraph 10.b. are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, bearing employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any ordinary wear and exterior walls, tear to the roof Premises. Landlord shall repair and roof membrane maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in the San Francisco financial district.
c. Landlord represents and other structural warrants to Tenant that those portions of the Building. Landlord shall also repair Building systems located within and maintain exclusively serving the Premises are, and as of the applicable Commencement Date will be, in good working order and condition; provided, however, that the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant foregoing shall be responsible for cleaning the elevator cab). With respect not imply any representation or warranty as to the repair and maintenance useful life of such systems, nor shall the foregoing diminish Tenant's responsibility to perform any repairs, modifications or improvements to the same necessitated after the Commencement Date by reason of Tenant's use of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is madesame, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair Tenant's Alterations, or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinotherwise.
Appears in 1 contract
Sources: Office Lease (Bea Systems Inc)
Repair. (a) By entry hereunder upon commencement a. Subject to Paragraph 10.b. below and Landlord's obligations under Paragraphs 3, 4 and 8.b. above, by taking possession of the term hereofPremises, Tenant accepts agrees that the Premises as being are in good, sanitary order, good condition and repair. Tenant, at Tenant's sole cost and expense, shall keep the interior of the Premises and the Building electrical and plumbing systems every part thereof in good working order at all times. condition and repair; provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance extent such repairs are (i) necessitated by the negligence or willful misconduct of the interior of the BuildingLandlord or Landlord's agents, employees or contractors, or (ii) Landlord's obligation pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements b. Repairs to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense necessitated because of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, God or the elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 26 below. Landlord shall remain obligated to repair any latent defects in the Premises and the Buildingif they are damaged due to item (i) described in Paragraph 10.a. above. Further, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, shall repair and maintain in good order condition and conditionrepair the Base Building (as defined in the last sentence of Paragraph 8.b. above); provided, however, that to the foundationsextent repairs which Landlord is required to make pursuant to the above are necessitated by the negligence or willful misconduct of Tenant or Tenant's agents, bearing and exterior wallsemployees or contractors, or are due to Alterations performed by or for Tenant, then Tenant shall reimburse Landlord for the roof and roof membrane and cost of such repair within thirty (30) days after Landlord's demand (accompanied by invoices or other structural portions of reasonable documentation supporting such costs) to the Buildingextent Landlord is not reimbursed therefor by insurance. Landlord shall also in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in good working order accordance with the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect foregoing provisions to the repair standards of other first-class high-rise office buildings in downtown Oakland (including buildings not owned or managed by Landlord or any affiliate thereof), and shall perform all such repairs and maintenance with reasonable diligence (taking into account the nature and urgency of the HVAC system and elevator: (1work) any service contracts therefore shall be included within after receiving notice or otherwise obtaining actual knowledge of the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) need for the amortization of other capital items described thereinsame.
Appears in 1 contract
Sources: Office Lease (Ask Jeeves Inc)
Repair. (a) By entry hereunder upon commencement of the term hereofa. Except as specifically provided in this Lease, Tenant accepts agrees that the Premises as being are in good, sanitary order, good condition and repair. Tenant, at Tenant's ’s sole cost and expense, shall keep the interior of the Premises and every part thereof in the Building electrical condition received, ordinary wear and plumbing systems in good working order at all times. tear excepted; provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance extent such repairs are (i) necessitated by the negligence or willful misconduct of the interior of the BuildingLandlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph l0.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forth. Tenant hereby waives all rights under, and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effectTenant.
(b) If Landlord makes any additions, alterations or improvements b. Repairs to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense necessitated because of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, God or the elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 26 below. Landlord shall remain obligated to repair any latent defects in the Premises and the Buildingif they are damaged due to item (i) described in Paragraph l0.a. above. Further, except for the electrical and plumbing systems.
Landlord shall (d1) Landlord shall, at Landlord's ’s sole cost and expense, repair and maintain any defect in good order and condition, the foundations, bearing and exterior walls, construction of Tenant improvements that exists in the roof and roof membrane and other structural portions Premises as of the Building. date Tenant takes possession of the Premises and is of a nature which would not normally be discoverable by Tenant in the exercise of reasonable diligence in inspecting the Premises at the commencement of the term of this Lease, provided Tenant give prompt notice of such matter to Landlord shall also promptly upon discovery and no later than twelve (12) months after the Commencement Date, and (2) repair and maintain in good working order condition and repair the common areas of the Building, the structural portions of the Building and all Building systems, including plumbing, air conditioning, heating, ventilation electrical, life safety and air conditioning system other systems installed or furnisher by Landlord, but excluding (i) non-Building standard lighting and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) electrical wiring and (ii) any capital items extraordinary quantities of repair electrical, plumbing, HVAC or replacement may be included in Operating Expense on an amortized basis in other Building facilities or distribution thereof; provided, however, that to the manner provided in Paragraph 7(aextent repairs which Landlord is required to make pursuant to this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, or are due to Alterations performed by or for Tenant, then Tenant shall reimburse Landlord for the amortization cost of other capital items described thereinsuch repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.
Appears in 1 contract
Repair. (a) By entry hereunder upon commencement of the term hereof, 7.1 Tenant accepts the Premises as being in good, sanitary good order, condition and repair. Tenant, at Tenant's sole cost repair and expense, shall keep in the interior of the Premises and the Building electrical and plumbing systems condition in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights which Landlord is obligated to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effectdeliver them. It is specifically hereby understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical), or to decorate or paint the Premises or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as specifically herein set forthforth in this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.2 Tenant hereby waives all rights under, and benefits of, subsection 1 of section 1932 and sections releases its right to make repairs at Landlord's expense under Section 1941 and 1942 of the California Civil Code and its right to terminate the Lease under Section 1932(l) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect.
7.3 Except as otherwise provided in Section 7.6, Tenant shall at its own cost and expense keep and maintain all parts of the Building and improvements in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (b) If including, but not limited to, repair and replacement of all fixtures installed by Tenant's water heaters exclusively serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems exclusively serving the Premises, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, and performance of regular removal of trash and debris). Tenant, as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from deterioration due to ordinary wear and tear falling temporarily out of repair, and upon termination of this Lease in any way Tenant will yield up the Premises to Landlord makes in good condition and repair, loss by fire or other casualty excepted (but not excepting any additionsdamage to glass). Tenant shall, at its own cost and expense, repair any damage to the Premises or the Building resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, employees, invitees, or any other person entering upon the Premises as a result of Tenant's business activities or caused by Tenant's default hereunder.
7.4 Except as provided in Articles 22 and 23, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenants business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
7.5 Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the written request Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Landlord may, upon notice to Tenant, enter into such a maintenance/ service contract on behalf of Tenant, then Tenant shall pay all cost or perform the work and expense of same as if it were being done on the Premises pursuant to Paragraph 9 and Landlord at its option may in either case, charge Tenant the cost thereof along with a reasonable amount for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted's overhead. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of terms in the terms of Paragraph 10(a) of the Lease preceding to the contrary, Tenant has requested, and Landlord has agreed, to initially waive the requirement that Tenant enter into a service contract; however, if Landlord at any time during the Term determines that any of the heating and air conditioning systems servicing the Premises are not being maintained in good condition and repair, Landlord's waiver shall be of no further force or effect and Tenant shall thereafter comply with the provisions of this Section 7.5 (other than this sentence) and Landlord shall have all rights hereunder if Tenant fails to so comply.
7.6 Landlord shall, subject to receiving Tenants Proportionate Share of Direct Expenses, and subject to the last sentence of Section 7.3, Article 22 and Article 23, maintain in good condition and repair the roof (excluding any skylights, but including as needed any replacement thereof), exterior walls and foundation of the Building and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole discretion. Landlord shall not be required to make any repairs to the roof, exterior walls or foundation unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete such repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 7.6 shall be considered part of Direct Expenses, except to the extent excluded therefrom under Section 4.1.2 and except that repairs which Landlord deems arise out of any improvements or alterations made by or on behalf of Tenant to the Premises or the negligence or willful misconduct of Tenant or any of its employees, agents or contractors shall be made at the expense of Tenant. Landlord's acceptance of obligations to so repair and maintain the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of the HVAC system and elevator: (1) said amounts, including, but not limited to, any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is madeconsequential damages, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair opportunity costs or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinlost profits incurred or suffered by Tenant.
Appears in 1 contract
Repair. (a) By entry hereunder upon commencement of the term hereof, Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, 7.1 Landlord shall keep the interior of the Premises and the Building electrical and plumbing systems in good working order at all times. Tenant shall be responsible for providing its own janitorial services for the Premises and all other matters concerning day-to-day maintenance of the interior of the Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereinafter in effect. It is specifically understood and agreed that Landlord has have no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the roof, walls and foundation of the Building. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as specifically herein set forthforth in this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.
7.2 Tenant hereby waives all rights under, and benefits of, subsection 1 of section 1932 and sections releases tits right to make repairs at Landlord's expense under Section 1941 and 1942 of the California Civil Code and its right to terminate the Lease under Section 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect.
7.3 Tenant shall at its own costs and expense keep and maintain all parts of the Premises and such portion of the Building and improvements as are within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (b) If including, but not limited to, repair and replacement of all fixtures installed by Tenant, water heaters serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems serving the Premises, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, and performance of regular removal of trash and debris). Tenant as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in any way Tenant will yield up the Premises to Landlord makes in good condition and repair, loss by fire or other casualty excepted (but not excepting any additionsdamage to glass). Tenant shall, at its own cost and expense, repair any damage to the Premises or the Building resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, employees, invitees, or any other person entering upon the Premises as a result of Tenant's business activities or caused by Tenant's default hereunder.
7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
7.5 Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the written request Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Landlord may, upon notice to Tenant, then enter into such a maintenance/service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead.
7.6 Landlord shall coordinate any repairs and other maintenance of any railroad tracks serving the Building and, if Tenant uses such rail tracks, Tenant shall pay all cost and expense of same as if it were being done on reimburse Landlord or the Premises pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord railroad company from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act of God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any , as additional rent, for its share of the terms costs of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises and the Building, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to the such repair and maintenance of the HVAC system and elevator: (1) for any service contracts therefore shall other sums specified in any agreement to which Landlord or Tenant is a party respecting such tracks, such costs to be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis borne proportionately by all tenants in the manner provided in Paragraph 7(a) for Building using such rail tracks, based upon the amortization actual number of other capital items described thereinrail cars shipped and received by such tenant during each calendar year during the Term.
Appears in 1 contract
Sources: Lease (Biex Inc)
Repair. (a) By entry hereunder upon commencement of the term hereofa. Subject to Landlord’s obligation to repair Landlord Punch List items under Paragraph 4.a. above, and subject to Paragraph 10.b. below, Tenant accepts the Premises as being in good, sanitary order, condition and repairthe conditioned delivered. Tenant, at Tenant's ’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises and Premises, those portions of the Building electrical Systems (as defined below) located within and plumbing systems exclusively serving the Premises, and improvements and Alterations) in good working order at all times. condition and repair; provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance extent such repairs are (i) necessitated by the negligence or willful misconduct of the interior of the BuildingLandlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements b. Repairs to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant due to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act acts of GodGod or the elements shall be governed by Paragraph 26 below, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease repairs to the contrary, Tenant's acceptance of the Premises due to a governmental taking shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 27 below. Landlord shall remain obligated to repair any latent defects in the Premises and the Buildingif they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, except for the electrical and plumbing systems.
(d) Landlord shall, at Landlord's ’s sole cost and expenseexpense (subject to Paragraph 7.a. above), repair and maintain in good order condition and conditionrepair (x) the common areas of the Real Property that are in Tenant’s anticipated path of travel during the Lease term, (y) the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building (which are comprised of the exterior walls and windows, columns, shafts, common stairwells, roof, foundation, floor/ceiling slabs and core of the Building and are referred to herein as the “Base Building”) and (z) all of the Building systems, including, without limitation, elevator, plumbing, heating, electrical, security, life safety and power (the “Building Systems”), provided that, as to portions of the Building Systems that are located within and exclusively serving the Premises, Landlord shall only be required to maintain and repair the same if they were provided as part of Landlord’s Work and, provided further, Landlord shall only be required to maintain and repair the same during the twelve (12) months immediately following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being the responsibility of Tenant under Paragraph 10.a. above); provided further that, to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees, contractors, customers or licensees, then. Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall also in no event be obligated to repair any wear and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect tear to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinPremises.
Appears in 1 contract
Sources: Office Lease (New Relic Inc)
Repair. (a) a. By entry hereunder upon commencement taking possession of the term hereofPremises, Tenant accepts agrees that the Premises as being are in good, sanitary order, good condition and repair. Tenant, at Tenant's ’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and ceilings of the Premises and Premises, those portions of the Building electrical systems located within and plumbing systems exclusively serving the Premises, and improvements and Alterations, and including, without limitation, dishwashers, garbage disposals, and insta-hot dispensers) in good working order at all times. condition and repair (subject to ordinary wear and tear); provided that Tenant shall not be responsible for providing its own janitorial services for repairs to the Premises and all other matters concerning day-to-day maintenance extent such repairs are (i) necessitated by the negligence or willful misconduct of the interior of the BuildingLandlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligations pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance Legal Requirement now or hereinafter hereafter in effect. It is specifically understood and agreed that that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, or repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical)repair, or to decorate or paint the Premises or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically herein set forthTenant. Tenant hereby waives all rights underthe provisions of California Civil Code Sections 1932(1), and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 and of the California Civil Code and under any similar law, statute or ordinance Legal Requirement now or hereafter in effect.
(b) If Landlord makes any additions, alterations or improvements b. Repairs to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises pursuant due to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, act acts of GodGod or the elements shall be governed by Paragraph 26 below, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand.
(c) Notwithstanding any of the terms of Paragraph 10(a) of the Lease repairs to the contrary, Tenant's acceptance of the Premises due to a governmental taking shall be subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises after Tenant takes occupancygoverned by Paragraph 27 below. Landlord shall remain obligated to (1) repair any latent defects in the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below), and the Building, except for the electrical and plumbing systems.
(d2) Landlord shall, at Landlord's sole cost and expense, repair and maintain in good order condition and condition, repair the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the BuildingBuilding and all Building systems, including plumbing, heating, electrical, life safety and other systems installed or furnished by Landlord (other than the portions of those systems that are Tenant’s responsibility to maintain and repair pursuant to Paragraph 10.a. above), provided that, if repairs under this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall also in no event be obligated to repair any wear and maintain in good working order the heating, ventilation and air conditioning system and elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect tear to the repair and maintenance of the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are the two (2) items contemplated at the time this Lease is made, as being "unduly" low as set forth in Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the manner provided in Paragraph 7(a) for the amortization of other capital items described thereinPremises.
Appears in 1 contract