Common use of OBLIGATIONS OF TENANT Clause in Contracts

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority.

Appears in 6 contracts

Sources: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement

OBLIGATIONS OF TENANT. The Tenant Tenant/s shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant Tenant/s shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the TenantsTenant/s, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant .. The Tenant/s shall properly maintain the Premises in a good, safe, and clean condition. The Tenant Tenant/s shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant/s, their employees, agents, business invitees, or any independent contractors serving the Tenant Tenant/s or in any way as a result of ▇▇▇▇▇▇Tenant’s use and occupancy of the Premises, then the Tenant Tenant/s shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be . The Tenant/s is/are also responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord/Landlady, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. /s. The Tenant Tenant/s shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant Tenant/s or her guests or invitees. Furthermore, the Tenant Tenant/s shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant The Tenant/s shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority.

Appears in 5 contracts

Sources: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement

OBLIGATIONS OF TENANT. The Tenant During the Lease Term, Tenant, at its sole cost and expense, shall be primarily responsible whenever needed keep and maintain all of the Improvements now or hereafter located on the Premises, together with all additions and alterations thereto, and all fixtures and equipment therein, in good, first-class, attractive and safe condition and repair and shall make all necessary repairs, replacements and renewals, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, in order to maintain such state of repair and condition, it being understood and agreed that Landlord shall have no liability for any of the foregoing. Tenant’s maintenance and general pickup repair obligations shall apply, without limitation, to the maintenance, repair and replacement of all buildings, heating, ventilation and air conditioning equipment, windows and plate glass, wiring, plumbing, roadways, driveways, parking areas, landscaping, sidewalks, fencing, lighting, retention ponds, drainage and utility facilities and other Improvements located on, in, or under the entranceway leading into the Premises so that this is kept in a neatPremises. Tenant, safeat Tenant’s expense, and presentable condition. The Tenant shall also be responsible for all minor improvements, additions, alterations, maintenance, and repairs necessary or appropriate such that the Premises and maintenance of all Improvements thereon are in substantial compliance with Applicable Laws. In addition, but notwithstanding anything contained in this Section 8.1 to the leasehold Premisescontrary (and subject to causes beyond Tenant’s reasonable control which are described in Articles 10 and 11 hereof), particularly those items which need immediate attention and which Tenant shall cause the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal Hotel to be maintained in good repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, condition and in the renewal thereofconformity with Applicable Laws, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant which shall not knowingly commit nor permit to be committed any act or thing contrary to less than the rules maintenance standards and regulations prescribed specifications promulgated from time to time by any federalthe hotel brand under which the Hotel is then being operated, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on in no event less than if the PremisesHotel were being operated under the Hilton (Garden Inn) brand (the “Hotel Franchisor”). Tenant shall also make or cause to be responsible for made such routine Hotel maintenance, repairs and minor alterations as Tenant, from time to time, reasonably deems necessary. Tenant waives any provisions of Applicable Laws that may require any duty of repair by Landlord or permit Tenant to make repairs at the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation expense of a federal, state, or local authorityLandlord.

Appears in 3 contracts

Sources: Land and Improvements Lease, Land and Improvements Lease, Land and Improvements Lease

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for maintain and repair the foundations, the exterior walls (which shall include without limitation windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls), the roof and other structural components of the Premises and the common areas of the Property and keep them in good condition, reasonable wear and tear excepted. Tenant shall, at Tenant’s sole cost and expense, maintain and repair the Premises and all equipment, fixtures and improvements therein (including without limitation windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and air conditioning systems including without limitation replacements of heating and air conditioning systems or major components thereof as necessary, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems) and keep all of the foregoing clean and in good order and operating condition, ordinary wear and tear excepted. Tenant shall not damage the Premises or disturb the integrity and support provided by any wall. Tenant shall take good care of the Premises and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant’s expense, enter into a regularly scheduled preventative maintenance and general pickup of service contract with a maintenance contractor approved in writing by Landlord for servicing all hot water, heating, ventilating and air conditioning (“HVAC”) systems and equipment in the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable conditionPremises. The maintenance and service contract shall include without limitation all services suggested by the equipment manufacturer and shall become effective (and Tenant shall also be responsible for deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant and Tenant’s maintenance contractor shall at all minor repairs and times conduct maintenance of on the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain HVAC equipment at the Premises in a goodaccordance with all Federal, safestate or local laws and repair any leak in the HVAC equipment within the deadline imposed by such Federal, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, state or federal local laws, rules, regulations, complying with all laws pertaining to refrigerant or ordinancescoolant composition. In the event the structure of a replacement of a part or portion of the Premises HVAC equipment which is damaged as warranted by the manufacturer and/or guaranteed by the installer, Tenant shall provide the Landlord with a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy duplicate original of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damagewarranty and/or guarantee. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during at the Term end of the term of this AgreementLease, surrender to Landlord the Premises and all alterations, additions, fixtures and improvements therein or thereto in the renewal thereofsame condition as when received, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable ordinary wear and use excepted. This obligation would include tear excepted but otherwise in the obligation then-state of condition, repair and operation as is required by the Lease to replace any plate glass damaged as a result of have been kept and maintained throughout the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authorityTerm.

Appears in 2 contracts

Sources: Industrial Lease (Amrep Corp.), Industrial Lease (Amrep Corp.)

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises Premises, so that this is kept in a neat, safe, safe and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, cleaning and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, state or federal laws, rules, regulations, regulations or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's ’s insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term term of this AgreementLease, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this AgreementLease, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, state or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, state or local authority.

Appears in 1 contract

Sources: Commercial Lease Agreement (Toppoint Holdings Inc.)

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for responsible: (1) For all conditions created or caused by the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, negligent or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, wrongful act or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence omission of Tenant, their employees, agents, business inviteesa member of his family, or any independent contractors serving other person on the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed Premises with the Tenant’s insurance companyconsent, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is extent not covered by an insurance company will be the liability Landlord’s insurance. Any occupant of the unit, including the Tenant. The Tenant shall, during the Term a member of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of his family or any other person on the Premises in as good a condition and repair as it is at with Tenant’s consent shall register with the date LBC Manager prior to overnight stay. At the time of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermoreregistration, the Tenant shall affirm that he has received a copy of the Association Rules and Regulations. (2) For insurance on Tenant’s personal property. (3) Tenant, at all times during the tenancy, SHALL: (i) Abide by all the terms and conditions of the Association’s Declaration of Condominium, Articles, Bylaws and Rules and Regulations (as more fully described hereinafter) as the same may be amended from time to time. The Tenant may generally rely on the Rules and Regulations for guidance covering most activities of daily living. Questions regarding policies and practices may be directed to the LBC Manager for clarification. (ii) Keep the Premises clean and sanitary, remove all garbage in a clean and sanitary manner and keep all plumbing fixtures clean and sanitary and in repair. (iii) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, cooking, ventilating, air-conditioning and other such facilities, appliances and equipment. (iv) Conduct himself or herself, and require persons on the Premises with Tenant’s consent to conduct themselves in a manner that does not knowingly commit nor unreasonably disturb Tenant’s neighbors or constitute a breach of the peace. (v) Comply with all present and future laws, orders and regulations of Federal, State, County and municipal authorities which affect the use or occupation of the Premises. (vi) Tenant agrees that during the last days of the term and upon twenty-four (24) hours prior notice, the Premises will be available to be shown to prospective tenants or purchasers. (4) Tenant, at all times during the tenancy, SHALL NOT: (i) Destroy, deface, damage or remove any part of the Premises or property therein belonging to Landlord, or permit any person to do so. (ii) Commit waste on the Premises, or maintain or permit to be committed maintained a nuisance thereon. (iii) Park or store any act vehicles in areas not authorized in writing by Landlord or thing contrary Association for such use or for Tenant’s use. (iv) Make any changes, alterations or improvements of any kind in or to the rules Premises without Landlord’s prior written consent. Prior to the expiration of the Lease, at Tenant’s own cost and regulations prescribed from time to time by expense, remove any federal, state, wall covering or local authorities any attachments Tenant may have installed; and shall expressly not be allowed restore the wall to keep its condition prior to the installation of any attachments and shall restore all interior surfaces. (v) Smoke any tobacco or maintain any hazardous waste materials or contaminates other product on the Premises. Tenant shall also be responsible for Premises of the costLido Beach Club, if anyincluding within the confines of the unit, which would be incurred to bring her contemplated operation and business activity into compliance with any law the unit balcony or regulation of a federal, state, or local authorityLido Beach Club common areas.

Appears in 1 contract

Sources: Residential Lease Agreement

OBLIGATIONS OF TENANT. The Tenant shall be primarily have, at all times during the term of this Lease and at Tenant's sole cost and expense, maintain and repair the Property and the Premises and every part thereof (except only the parts for which Landlord is expressly made responsible whenever needed for under this Lease) and all equipment, fixtures and improvements therein (including windows, glass, plate glass, doors, special fronts, entries, exterior walls, the maintenance interior surfaces of exterior walls, interior walls, floors, dock boards, truck doors, dock bumpers, plumbing fixtures and general pickup equipment, heating and air conditioning systems, electrical components and mechanical systems), landscaped areas and parking areas and keep of all of the entranceway leading into foregoing clean and in good order and operating condition, ordinary wear and tear excepted. Tenant shall not damage the Premises so that this is kept in a neator disturb the integrity and support provided by any wall. Tenant shall, safeat Tenant's expense, and presentable conditionpromptly repair any damage to the Premises caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure take good care of the Premises is damaged as a result and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not overload the floors in the Premises or exceed the load-bearing capacity of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or floors in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building which is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage3,000 pounds. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole Tenant's expense, keep the interior of the Premises enter into a regularly scheduled preventative maintenance and service contract with a maintenance contractor approved in as good a condition writing by Landlord for servicing all hot water, heating and repair as it is at the date of this Agreement, reasonable wear air conditioning systems and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and a copy shall be delivered to Landlord) within thirty (30) days after the Commencement Date. Tenant shall also be responsible for shall, at the costend of the term of this Lease, if anysurrender to Landlord the Premises and all alterations, which would be incurred to bring her contemplated operation additions, fixtures and business activity into compliance with any law improvements therein or regulation of a federalthereto in the same condition as when received, state, or local authorityordinary wear and tear and casualty damage excepted.

Appears in 1 contract

Sources: Lease Agreement (Radyne Corp)

OBLIGATIONS OF TENANT. The Tenant shall agrees that it shall; a. Observe such rules and regulations as from time to time may be primarily responsible whenever needed put in effect by Landlord for the maintenance general safety, comfort and general pickup convenience of Landlord, occupants and tenants of said Building. b. Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord may deem advisable. c. Keep the Demised Premises in good order and condition and replace all broken glass with glass of the entranceway leading into same quality as that broken, save only glass broken by fire and extended coverage type risks, the Premises so that this cost of which is kept in a neat, safereimbursed by the insurance carrier, and presentable condition. The Tenant shall also be responsible commit no waste on the Demised Premises. d. Pay for all minor repairs electric lamps, starters and maintenance ballasts as replaced in the demised Premises. e. Upon the termination of the leasehold Premisesthis Lease in any manner whatsoever, particularly remove Tenant's goods and effects and those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaningany other person claiming under Tenant, and clearing of toilets, etc., quit and deliver up the Tenant shall properly maintain the demised Premises to Landlord peaceably and quietly in a good, safe, as good order and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that condition as the same are properly disposed now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of according to all localthis Lease, statehowever terminate, shall be considered abandoned and Landlord may dispose of the same as it deems expedient. f. Not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the Premises or any part thereof, or federal laws, rules, regulationsany right or privilege appurtenant thereto, or ordinances. In suffer any other person (the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, servants and invitees of tenant excepted) to occupy or use the Premises or any independent contractors serving portion thereof, without the Tenant prior written consent of Landlord. Notwithstanding the foregoing, any subtenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy assignee must have at least the financial strength of the Premisesoriginal Tenant. Consent to one assignment, then subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without such consent shall be void, and shall, at the option of Landlord, constitute a default under this Lease. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation to pay the rent and perform all other obligations to be performed by Tenant hereunder for the term of this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof or any right hereunder. Any subrent charged to subtenant by Tenant which is in excess of the rent charged by Landlord to Tenant shall be primarily responsible for seeing that passed on in full to the proper claims are placed with Landlord. Any such subrent, in no event, may be based on net income. g. Not place signs on or about the Demised Premises without first obtaining Landlord's written consent thereto. Tenant’s 's signs on exterior of Building shall conform to sign criteria attached. h. Not overload, damage or deface the Demised Premises or do any act which may make void or voidable any insurance company, on the Demised Premises or the damaging party's insurance company, and shall furthermore be responsible Building or which may render an increased or extra premium payable for seeing that insurance. i. Not make any alterations of or additions to the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to Demised Premises without the written approval of the Landlord, and alterations or improvements which may be made by either of the party or parties causing said damage. Any damage that is not covered by an insurance company will hereto upon the Demised Premises, except movable office furnishings, shall be the liability property of the Tenant. The Tenant shall, during the Term of this AgreementLandlord, and in shall remain upon and be surrendered with the renewal Demised Premises, as a part thereof, at its the termination of this Lease or any extension thereof. j. Keep the demised Premises and the property in which the Demised Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, keep a lien and completion bond in an amount equal to one and one-half (1-1/2) times any and all estimated cost of any improvements, additions, or alterations in the interior Demised Premises, to insure Landlord against any liability for mechanics' and materialmen's lien and to insure completion of the Premises in work. k. Cause to be performed by a competent service company, preventative maintenance of all roof top HVAC units and warehouse unit heaters serving the Demised Premises, as good a condition and repair as it is at recommended by the date equipment manufacturer. l. Not place any additional locks on any of this Agreement, reasonable wear and use excepted. This obligation would include Tenant's doors without the obligation to replace any plate glass damaged as a result written consent of the neglect Landlord. The Landlord shall have the right to keep pass keys to the Demised Premises. Tenant's obligations under this paragraph numbered 9 to do or acts of Tenant not to do a specified act shall extend to and include Tenant's obligations to see to it that Tenant's employees, agents and invitees shall do or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to do such acts, as the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authoritycase may be.

Appears in 1 contract

Sources: Lease Agreement (Derma Sciences Inc)

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises Premises, so that this is kept in a neat, safe, safe and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, cleaning and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, state or federal laws, rules, regulations, rules regulations or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇Tenant’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term term of this AgreementLease, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this AgreementLease, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, state or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, state or local authority.

Appears in 1 contract

Sources: Commercial Lease Agreement

OBLIGATIONS OF TENANT. The Throughout the Term, Tenant shall, at Tenant’s sole cost and expense, perform all maintenance and repairs to the Premises that are caused by Tenant’s misuse or neglect and shall keep the Premises (including Tenant’s equipment, personal property and trade fixtures) in good and sanitary condition and repair. Tenant shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs day to day repair and maintenance of Tenant’s electronic, phone and date cabling and related equipment that is installed by or for the leasehold exclusive benefit of Tenant and located in the Premises or other portions of the Building, any supplemental air conditioning units installed in the Premises by Tenant, private showers and kitchens installed by or for Tenant, and any alarm or security systems installed in the Premises for Tenant’s exclusive use. Tenant shall maintain and repair such items in the Premises consistent with a “Class A” corporate facility in the Pittsburgh area. Any necessary maintenance or repair work inside the Premises to window frames, door and office entries, interior walls, flooring, Tenant’s lighting facilities, and plumbing work and fixtures serving exclusively the Premises, particularly those items will be Tenant’s responsibility, but, at Tenant’s request, shall be maintained and repaired by Landlord at Tenant’s expense, at a charge equal to the costs incurred for such repair or maintenance (without additional charge for overhead), which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement charges shall be payable by Tenant within 30 days of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the invoice therefore. If Tenant shall properly maintain fails to keep the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is aforesaid, after Landlord gives Tenant 30 days advance written notice of Tenant’s failure (except in the event of an emergency in which case no notice shall be necessary), and provided Tenant does not cure or commence to cure such failure in the 30 day period, Landlord may, but shall not be obligated to, make any necessary repairs. If Landlord makes such repairs, Landlord may ▇▇▇▇ Tenant for the out of pocket cost of the repairs as additional rent, and said additional rent shall be payable by Tenant within 30 days after demand by Landlord, together with interest at the date rate of this Agreement10% per annum, reasonable wear which shall be added to the extent that and use excepted. This obligation would include for so long as the obligation to replace any plate glass damaged as a result costs of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall repairs charged as additional rent are outstanding and not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authorityfully paid.

Appears in 1 contract

Sources: Lease Agreement (Del Monte Foods Co)

OBLIGATIONS OF TENANT. The A. Tenant shall be primarily responsible whenever needed to examine the Apartment, all facilities, utilities, any furniture and appliances supplied by Landlord, and if satisfied with their size, present physical condition and quality and accepts them "as is" - because Landlord has not made any promises with respect to size, physical condition, quality, suitability, repairs, alterations or modifying the Apartment or the Building subject to this Lease as an inducement for Tenant entering into this Lease – and Tenant’s signing this Lease is Tenant’s agreement to be bound by it. B. Tenant agrees to care for, maintain and be financially responsible for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept Apartment in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a goodclean, safe, and clean sanitary condition. The Tenant shall properly , including all furniture that Landlord may have provided, appliances (including cleaning air conditioning filters), fixtures, windows, heating and promptly remove all rubbish cooling equipment, floors and hazardous wastes floor coverings, sewer and see plumbing drainage systems (including pipes – whether within or outside Tenant's Apartment) that the same are properly disposed of according to all local, state, become frozen and or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged broken as a result of any Tenant's failure to properly care for and maintain them) and damage caused by same. ▇▇▇▇▇▇ agrees to pay for all repairs, replacements and damages caused by the act or neglect or negligence of Tenant, their employeesAuthorized Occupant or Invitee. (The phrase “financially responsible” means that, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of connection with ▇▇▇▇▇▇’s use and occupancy 's care of the PremisesApartment and its contents, then the Tenant shall pay, as additional rent, for all repairs, replacements, and damages caused by the act or neglect of Tenant, Authorized Occupant or Invitee.) C. Tenant may not store or leave any personal property, including carriages, strollers, bicycles and the like, in the hallways, elevators, stairways, or any other common area for any time at all (i.e., no matter how briefly). Pursuant to N.J.A.C. 5:10-5.1(d), all items stored by Tenant or an Authorized Occupant in any area provided for common storage must bear the name and Apartment designation of the person storing the item or items. That person shall be primarily responsible for seeing that to label each item and maintain the proper claims are placed label. Items stored in such areas shall be secured by Tenant against becoming sources of infestation and shall not be permitted to create a hazard. Tenant may not remove, obliterate or otherwise interfere with the labeling by any other Tenant’s insurance company. ▇. ▇▇▇▇▇▇ must give Landlord or other person having charge of the Building prompt notice of any failure of service, defect or problem relating to the use or condition of the Complex (whether caused by Tenant or not), including water leaks from any source, peeling paint, fixtures, broken or cracked windows, plumbing, heating and cooling equipment as soon as Tenant becomes aware of any defect or problem. The failure by Tenant to report and follow up on defects or problems may be considered gross negligence. E. Before making any repairs, ▇▇▇▇▇▇ must notify Landlord in writing and get ▇▇▇▇▇▇▇▇'s WRITTEN approval for any repairs to be made by, or at the damaging party's insurance companyrequest of, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during Landlord will have a reasonable amount of time within which to make the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation repairs or to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premisesapprove ▇▇▇▇▇▇'s own repairs. Tenant shall also be responsible for the costreplace light bulbs when needed, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authoritywithout getting Landlord’s approval.

Appears in 1 contract

Sources: Lease Agreement

OBLIGATIONS OF TENANT. The (a) Beginning on the Commencement Date and continuing throughout the Term, Tenant shall, at Tenant's sole cost and expense, keep the Premises (excluding the Reserved Areas) free from dirt, rubbish, waste and debris, and maintain and repair the Premises, the buildings and other Improvements and all other Infrastructure owned or controlled by Tenant, roads, streets, sidewalks, Utilities, fencing, equipment, fixtures and Improvements on the Premises, in Good Condition and Repair, ordinary wear and tear, damage by casualty or a Taking, and any periods of repair, Rehabilitation, Alterations or Capital Improvements excepted. If Landlord reasonably believes that Tenant is not performing any of its obligations pursuant to this section 9.2, Landlord shall give Tenant written notice of the need for any maintenance or repair for which Tenant is responsible, after which Tenant shall be primarily responsible whenever needed for have a reasonable opportunity to perform the maintenance or make the repair, and general pickup Tenant shall not be liable for any failure to do so unless such failure continues for thirty (30) days after Landlord gives such written notice to Tenant; provided, however, such thirty (30) day period shall be extended so long as Tenant commences the maintenance or repairs Within the thirty (30) day period and diligently completes the same. Tenant's liability with respect to any maintenance or repair for which Tenant is responsible shall be limited to the cost of the entranceway leading into maintenance or repair. With respect to Utilities and any other Infrastructure serving the Premises so and located on portions of the Property other than the Premises, the Parties agree that Tenant's obligations under this is kept section 9.2 extend to and include the Points of Connection subject to and as more particularly outlined in a neat, safe, and presentable condition. The the Utility Plan attached hereto as Exhibit P. Tenant shall also be responsible for all minor repairs and maintenance promptly repair any damage to the Property caused by Tenant or any of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etcTenant Related Entities., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of (b) (b) (4) (c) ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed ▇ agrees to comply with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded Applicable Laws with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on burrowing owl habitats located within the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred comply with Applicable Laws pertaining to bring her contemplated operation flood plains and business activity into compliance with any law or regulation of a federal, state, or local authoritywetlands management.

Appears in 1 contract

Sources: Adaptive Reuse Lease

OBLIGATIONS OF TENANT. Tenant agrees that it shall: a. Observe such rules and regulations as from time to time may be put in effect by Landlord for the general safety, comfort and convenience of Landlord, occupants and tenants of said Building. b. Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent to enable Landlord to examine the same and to make such repairs; additions and alterations as Landlord may deem advisable. c. Keep the Demised Premises in good order and condition and replace all glass broken by Tenant with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks, and commit no waste on the Demised Premises. d. Pay for all electric lamps, starters and ballasts as replaced in the Demised Premises. e. Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same as it deems expedient. f. Not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the Demised Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Demised Premises or any portion thereof, without the prior written consent of Landlord. Notwithstanding the foregoing, any subtenant or assignee must have at least the financial strength of the original Tenant. Consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without such consent shall be void, and shall, at the option of Landlord, constitute a default under this Lease. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation to pay the rent and perform all other obligations to be performed by Tenant hereunder for the term of this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof or any right hereunder. Any subrent charged to subtenant by Tenant which is in excess of the rent charged by Landlord to Tenant shall be primarily responsible whenever needed passed on in full to Landlord. Any such subrent, in no event, may be based on net income. g. Not place signs on or about the Demised Premises without first obtaining Landlord's written consent thereto. Tenant's signs on exterior of Building shall conform to sign criteria attached hereto as Exhibit C. h. Not overload, damage or deface the Demised Premises or do any act which may make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance. i. Not make any alteration of or addition to the maintenance and general pickup Demised Premises without the written approval of the entranceway leading into the Premises so that this is kept in a neat, safeLandlord, and presentable conditionall alterations, additions or improvements which may be made by either of the parties hereto upon the Demised Premises, except movable office furnishings, shall be the property of the Landlord, and shall remain upon and be surrendered with the Demised Premises, as a part thereof, at the termination of this Lease or any extension thereof. j. Keep the Demised Premises and the property in which the Demised Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times any and all estimated costs of any improvements, additions, or alterations in the Demised Premises, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. k. Cause to be performed by a competent service company, preventative maintenance of all rooftop HVAC units and warehouse unit heaters serving the Demised Premises, as recommended by the equipment manufacturer, unless performed by Landlord at Landlord's option. 1. Not place any additional locks on any of Tenant's doors without the written consent of Landlord. Landlord shall have the right to keep pass keys to the Demised Premises. m. Tenant agrees and acknowledges that it shall be the sole responsibility of the Tenant to comply with any and all provisions of the Americans with Disabilities Act of 1990 (hereinafter "ADA"), as such compliance may be required to operate the Demised Premises. The Tenant further agrees to indemnify and hold the Landlord harmless against any claims which may arise out of Tenant's failure to comply with the ADA. Such indemnification shall also be responsible for all minor repairs and maintenance of the leasehold Premisesinclude, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not necessarily be limited toto reasonable attorney's fees, the replacement of light bulbs, as well as the normal repair court costs and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged judgments as a result of any neglect said claims. Tenant's obligations under this Section 9 to do or negligence of not to do a specified act shall extend to and include Tenant, their 's obligations to see to it that Tenant's employees, agents, business invitees, agents and invitees shall do or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to do such acts, as the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authoritycase may be.

Appears in 1 contract

Sources: Lease Agreement (Diametrics Medical Inc)

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises Premises, so that this is kept in a neat, safe, safe and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, cleaning and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, state or federal laws, rules, regulations, rules regulations or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term term of this AgreementLease, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this AgreementLease, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, state or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, state or local authority.

Appears in 1 contract

Sources: Commercial Lease Agreement (Tocca Life Holdings, Inc.)

OBLIGATIONS OF TENANT. The Subject to Section 12.2 below, Tenant shall be primarily responsible whenever needed for the maintenance shall, at its sole cost and general pickup expense, keep and maintain all parts of the entranceway leading into the Premises so that this is kept (except those listed as Landlord's responsibility in a neatSection 11 above) in good and sanitary condition, safe, and presentable condition. The Tenant shall also be responsible for promptly making all minor necessary repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their ownreplacements, including but not limited to, the replacement of light windows, glass and plate glass, doors, skylights, any special store front or office entry, walls and finish work, floors and floor coverings, heating and air conditioning systems, dock boards, bumpers, plates, seals, levelers and lights, plumbing work and fixtures (including periodic backflow testing), electrical systems, lighting facilities and bulbs, as well as the normal sprinkler systems, alarm systems, fire detection systems, termite and pest extermination, sidewalks, landscaped areas, fencing, tenant signage and regular removal of trash and debris. Tenant shall notify Landlord in writing prior to making any repair and cleaning of windows, cleaningor performing any maintenance pursuant to this section, and clearing of toilets, etc., and Landlord shall have the right to reasonably approve the contractor Tenant shall properly maintain use to make any repair or to perform any maintenance on the Premises in a goodroof, safeheating, ventilation and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all localair conditioning systems ("HVAC"), stateplumbing systems, electrical systems, sprinkler systems, fire alarm systems or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, fire detection systems located at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also not paint or otherwise change the exterior appearance of the Premises without Landlord's prior written consent, which may be responsible given or withheld in Landlord's sole discretion. The cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the Premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the tenant occupying the adjacent premises; provided, however, if Tenant damages a party wall the entire cost of the repair shall be paid by Tenant, at Tenant's sole expense; and, provided further, that if another occupant damages a party wall Tenant shall have no obligation to pay any expense for the costrepair. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall. If Tenant fails to keep the Premises in good condition and repair, if anyLandlord may, which would but shall not be incurred to bring her contemplated operation obligated to, make any necessary repairs. If Landlord makes such repairs, Landlord may ▇▇▇▇ Tenant for the cost of the repairs as additional rent, and business activity into compliance with any law or regulation of a federal, state, or local authoritysaid additional rent shall be payable by Tenant within ten (10) days after demand by Landlord.

Appears in 1 contract

Sources: Standard Lease (Ambarella Inc)

OBLIGATIONS OF TENANT. Tenant agrees that it shall: a. Observe such rules and regulations as from time to time may be put in effect by Landlord for the general safety, comfort and convenience of Landlord, occupants and tenants of said Building. b. Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord may deem advisable. RBCIV4/94 c. Keep the Demised Premises in good order and condition and replace all glass broken by Tenant with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risks, and commit no waste on the Demised Premises. d. Pay for all electric lamps, starters and ballasts as replaced in the Demised Premises. e. Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same as it deems expedient. f. Not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the Demised Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Demised Premises or any portion thereof, without the prior written consent of Landlord. Notwithstanding the foregoing, any subtenant or assignee must have at least the financial strength of the original Tenant. Consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without such consent shall be void, and shall, at the option of Landlord, constitute a default under this Lease. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation to pay the rent and perform all other obligations to be performed by Tenant hereunder for the term of this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof or any right hereunder. Any subrent charged to subtenant by Tenant which is in excess of the rent charged by Landlord to Tenant shall be primarily responsible whenever needed passed on in full to Landlord. Any such subrent, in no event, may be based on net income. g. Not place signs on or about the Demised Premises without first obtaining Landlord's written consent thereto. Tenant's signs on exterior of Building shall conform to sign criteria attached hereto as Exhibit C. h. Not overload, damage or deface the Demised Premises or do any act which may make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance. i. Not make any alteration of or addition to the maintenance and general pickup Demised Premises without the written approval of the entranceway leading into the Premises so that this is kept in a neat, safeLandlord, and presentable conditionall alterations, additions or improvements which may be made by either of the parties hereto upon the Demised Premises, except movable office furnishings, shall be the property of the Landlord, and shall remain upon and be surrendered with the Demised Premises, as a part thereof, at the termination of this Lease or any extension thereof. j. Keep the Demised Premises and the property in which the Demised Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred RBCIV4/94 by Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times any and all estimated costs of any improvements, additions, or alterations in the Demised Premises, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. k. Cause to be performed by a competent service company, preventative maintenance of all rooftop HVAC units and warehouse unit heaters serving the Demised Premises, as recommended by the equipment manufacturer, unless performed by Landlord at Landlord's option. 1. Not place any additional locks on any of Tenant's doors without the written consent of Landlord. Landlord shall have the right to keep pass keys to the Demised Premises. m. Tenant agrees and acknowledges that it shall be the sole responsibility of the Tenant to comply with any and all provisions of the Americans with Disabilities Act of 1990 thereinafter "ADA"), as such compliance may be required to operate the Demised Premises. The Tenant further agrees to indemnify and hold the Landlord harmless against any claims which may arise out of Tenant's failure to comply with the ADA. Such indemnification shall also be responsible for all minor repairs and maintenance of the leasehold Premisesinclude, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not necessarily be limited toto reasonable attorney's fees, the replacement of light bulbs, as well as the normal repair court costs and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged judgments as a result of any neglect said claims. Tenant's obligations under this Section 9 to do or negligence of not to do a specified act shall extend to and include Tenant, their 's obligations to see to it that Tenant's employees, agents, business invitees, agents and invitees shall do or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to do such acts, as the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authoritycase may be.

Appears in 1 contract

Sources: Lease Agreement (Diametrics Medical Inc)

OBLIGATIONS OF TENANT. The A. Tenant shall be primarily responsible whenever needed to examine the Apartment, all facilities, utilities, any furniture and appliances supplied by Landlord, and if satisfied with their size, present physical condition and quality and accepts them "as is" - because Landlord has not made any promises with respect to size, physical condition, quality, suitability, repairs, alterations or modifying the Apartment or the Building subject to this Lease as an inducement for Tenant entering into this Lease – and Tenant’s signing this Lease is Tenant’s agreement to be bound by it. B. Tenant agrees to care for, maintain and be financially responsible for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept Apartment in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a goodclean, safe, and clean sanitary condition. The Tenant shall properly , including all furniture that Landlord may have provided, appliances (including cleaning air conditioning filters), fixtures, windows, heating and promptly remove all rubbish cooling equipment, floors and hazardous wastes floor coverings, sewer and see plumbing drainage systems (including pipes – whether within or outside Tenant's Apartment) that the same are properly disposed of according to all local, state, become frozen and or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged broken as a result of any Tenant's failure to properly care for and maintain them) and damage caused by same. ▇▇▇▇▇▇ agrees to pay for all repairs, replacements and damages caused by the act or neglect or negligence of Tenant, their employeesAuthorized Occupant or Invitee. (The phrase “financially responsible” means that, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of connection with ▇▇▇▇▇▇’s use and occupancy 's care of the PremisesApartment and its contents, then the Tenant shall pay, as additional rent, for all repairs, replacements, and damages caused by the act or neglect of Tenant, Authorized Occupant or Invitee.) C. Tenant may not store or leave any personal property, including carriages, strollers, bicycles and the like, in the hallways, elevators, stairways, or any other common area for any time at all (i.e., no matter how briefly). Pursuant to N.J.A.C. 5:10-5.1(d), all items stored by Tenant or an Authorized Occupant in any area provided for common storage must bear the name and Apartment designation of the person storing the item or items. That person shall be primarily responsible for seeing that to label each item and maintain the proper claims are placed label. Items stored in such areas shall be secured by Tenant against becoming sources of infestation and shall not be permitted to create a hazard. Tenant may not remove, obliterate or otherwise interfere with the labeling by any other Tenant’s insurance company. D. Tenant must give Landlord or other person having charge of the Building prompt notice of any failure of service, defect or problem relating to the use or condition of the Complex (whether caused by Tenant or not), including water leaks from any source, peeling paint, fixtures, broken or cracked windows, plumbing, heating and cooling equipment as soon as Tenant becomes aware of any defect or problem. The failure by Tenant to report and follow up on defects or problems may be considered gross negligence. E. Before making any repairs, ▇▇▇▇▇▇ must notify Landlord in writing and get ▇▇▇▇▇▇▇▇'s WRITTEN approval for any repairs to be made by, or at the damaging party's insurance companyrequest of, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during Landlord will have a reasonable amount of time within which to make the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation repairs or to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premisesapprove ▇▇▇▇▇▇'s own repairs. Tenant shall also be responsible for the costreplace light bulbs when needed, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authoritywithout getting Landlord’s approval.

Appears in 1 contract

Sources: Lease Agreement

OBLIGATIONS OF TENANT. The ▇. ▇▇▇▇▇▇ must keep the Property as clean and safe as its condition permits and deliver the Property in the same condition as when the Term began, ordinary wear and tear excepted. "Ordinary wear and tear" does not include uncleanliness. Tenant shall be primarily responsible whenever needed for the maintenance will dispose of all ashes, rubbish, garbage and general pickup other waste in a clean and safe manner. Tenant will use all electrical, plumbing, sanitary, heating, ventilation, and other facilities and appliances including air conditioning or elevators, if any, in a reasonable manner. Tenant will not deliberately or negligently destroy, deface, damage, impair, or remove any part of the entranceway leading into Property or knowingly permit any person to do so. Tenant will act and require other persons on the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of Property with ▇▇▇▇▇▇’s use and occupancy 's consent to act in a manner that will not disturb the neighbors' peaceful enjoyment of the PremisesProperty. Tenant must obey any written rules or regulations adopted by the Landlord and amended from time to time. B. Tenant will not knowingly commit nor consent to any other person knowingly committing a "substantial violation," which means (1) possession, then use, sale, distribution or manufacture of a controlled substance, excluding misdemeanor possession and use; (2) unlawful use of a deadly weapon; (3) unlawful action causing serious physical harm; (4) sexual assault or sexual molestation; (5) entering in the Tenant shall be primarily responsible for seeing that dwelling or vehicle of another person without consent and with intent to commit theft or assault; (6) theft or attempted theft by use or threatened use of force; (7) intentional or reckless damage to property in excess of $1,000. If a substantial violation occurs in the proper claims are placed with the Tenant’s insurance companydwelling unit, or inside or within 300 feet of the damaging party's insurance companyboundary of the Property, under the circumstances described in this Paragraph, the Landlord may terminate this Agreement upon three days written notice, subject to applicable law. ▇. ▇▇▇▇▇▇ is not permitted to ▇▇▇▇▇ rent or take any other action permitted by law unless ▇▇▇▇▇▇ first gives Landlord written notice of the conditions needing repair and shall furthermore be responsible for seeing that Landlord does not remedy the building is safeguarded with respect conditions within seven (7) days after notice of the condition. If Landlord makes a reasonable attempt to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice adequately remedy the condition prior to the Landlorddeadline, and this Agreement shall not terminate. D. Under no circumstances can Tenant ▇▇▇▇▇ rent or terminate this Agreement if the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability conditions complained of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as are a result of the neglect deliberate negligent act or acts omission of Tenant, a member of Tenant’s family, or any other person on the Property with Tenant’s consent, or on the basis of the unavailability of an amenity, which is a facility, appliance or area supplied by Landlord, the absence of which would not materially affect the health and safety of Tenant or her guests or invitees. Furthermorethe habitability of the Property. E. In the event, the Tenant(s) receives written notice of pending legal action regarding owner or Property, Tenant(s) will immediately contact Landlord and deliver said notice to Landlord. Pending legal action regarding the owner or the Property does NOT relieve Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules from his obligations under this Agreement. F. MAINTENANCE OF PROPERTY (Check if applicable) watering feeding weeding pruning mowing raking furnace filter pest control snow and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority.ice removal other:

Appears in 1 contract

Sources: Residential Rental Agreement

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for covenants and agrees during the maintenance term of this Lease and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, any other time as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in anyone claiming under Tenant occupies any way as a result of ▇▇▇▇▇▇’s use and occupancy part of the Premises: (A) To pay when due the annual fixed rental and Additional Rent and all other charges which by the terms of this Lease are to be paid by Tenant; (B) To keep, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance companymaintain, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep repair the interior of the Premises and every part thereof, including without limitation, all doors, windows, floors, plumbing, utility lines, conduits and systems (excluding (i) subsurface plumbing and (ii) utility lines and conduits up to the point of the main panel, unless such failure was caused by Tenant), including any HVAC equipment (the “Manufacturing and Storage HVAC Equipment”) serving the Manufacturing and Storage Space exclusively, and other mechanical equipment within the Premises, or serving the Premises exclusively, including the loading dock, dock equipment and dock doors, in as good a condition working order, repair and repair as it is at the date of this Agreementcondition, reasonable wear and use tear excepted. This Landlord shall have no obligation would to operate, maintain, repair or replace any Manufacturing and Storage HVAC Equipment and Tenant shall operate, maintain, repair and replace, as necessary, all Manufacturing and Storage HVAC Equipment at Tenant’s sole cost and expense so that all such Manufacturing and Storage HVAC Equipment is kept in good operating condition. In furtherance of the foregoing, Tenant, throughout the term of this Lease, shall secure, pay for, keep in full force and effect and enforce contracts with licensed and reputable service companies providing for regular- maintenance and repair of the Manufacturing and Storage HVAC Equipment, and Tenant shall furnish Landlord with copies of such contracts upon request. At the termination of this Lease, Tenant shall remove all of its trade fixtures and personal property in the Premises, and peaceably vacate and yield up the Premises and all additions, alterations and improvements thereto broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant shall provide and pay for its own janitorial and cleaning services; provided, however, Landlord may provide such services upon Tenant’s request and any such service provided by Landlord shall be at a charge commensurate with the per rentable square foot charge for such services in the common areas, subject to additional charges for additional requirements. For purposes of this Lease, subject to Article V, Section (A), the obligation to make repairs shall also include the obligation to replace make replacements when the same shall be required; (C) Not to injure or deface the Premises or the Building; not to permit on the Premises any plate glass damaged auction sale, nuisance or objectionable vibration, noise or odor which may hinder another tenant’s rights to quiet enjoyment or its business operations; not to permit the use of the Premises for any purpose other than set forth herein or any use which is improper, offensive, contrary to law or ordinance, or liable to invalidate or increase the premiums for any insurance carried by Landlord on the Building on the Premises, or liable to render necessary any alterations or additions to the Building; and to use the sewer or septic system for normal discharge of sanitary waste and not to introduce any chemical fluid, cooling water or any other substance, liquid or material into the sewer or septic system which may be harmful or destructive thereto; (D) To conform to all reasonable rules and regulations hereafter made by Landlord for the care and use of the Premises, the Building, its facilities and approaches as set forth on Exhibit C attached hereto; not to paint or place any signs, displays, advertising devices, or other things upon the Building or the windows of the Building upon the Premises or at any other location, in, upon or about the Premises or the Building, which are visible from the outside of the Building, other than as may otherwise be approved by Landlord. Landlord shall provide a sign identifying Tenant on or adjacent to the entry doors to the Premises that conforms to building standards adopted by Landlord. Landlord shall also maintain a tenant directory in the lobby of the Building in which will be placed Tenant’s name and location of the Premises in the Building. Landlord shall also place directional signs in the hallways of the Building, as appropriate. Tenant shall be allowed, at Tenant’s sole cost and expense, to install exterior signage of a size and location reasonably agreed upon by Landlord, provided that any such signage must in all events meet all local code requirements; (E) Not to make any installations, alterations, improvements or additions to the Premises or the Building thereon without first obtaining Landlord’s written consent, which consent shall not be unreasonably withheld, conditioned, or delayed and in no event shall be provided more than twenty (20) days after submission of the request with plans to Landlord. If Landlord does not object within such timeframe, Landlord’s approval shall be deemed denied. If Landlord shall so consent, such installations, alterations, improvements or additions shall be at the sole cost and expense of Tenant. All installations, alterations, additions and improvements made to or upon the Premises, made by Tenant or any other person, shall be deemed part of the Premises and upon the expiration or other termination of the term of this Lease shall be surrendered with the Premises as a result part thereof without disturbance, molestation or injury, except that Tenant may remove all trade fixtures as set forth herein (repairing any damage caused by such removal). Notwithstanding the foregoing or anything to the contrary contained herein, Tenant agrees that it shall remove from the Premises (repairing any damage caused by such removal) any installations, alterations, additions or improvements made by or on behalf of Tenant including, without limitation, any installations, alterations, additions or improvements made as part of Landlord’s Work, unless Landlord shall provide Tenant written directives stating otherwise not less than thirty (30) days prior to the Expiration Date. Tenant’s obligations hereunder shall survive the expiration or termination of the neglect term of this Lease; (F) Not to store any goods, equipment, or acts any other items outside of the Building upon the Premises, and not to place or empty any trash or rubbish outside of the Building upon the Premises, and to provide for its own rubbish or trash removal; (G) Not to move any heavy equipment or fixtures in or out of or within the Building upon the Premises except in such manner as Landlord shall designate after written request from Tenant, and not to place a load on any floor of said Building which would be in excess of that for which said floor was designed or in violation of what is allowed by law; (H) To permit Landlord, or its agents, to enter the Premises and every part thereof to inspect the same and/or to make any repairs or additions Landlord may deem necessary, and at Tenant’s expense, to remove any alterations, signs, or the like not consented to; (I) That Landlord shall not be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or her guests any other person caused by or inviteesresulting from rain, snow, ice, wind, frost, water, fire or by the bursting or leakage of windows, doors, walls, ceilings, floors, pipes, gutters, or other fixtures, or the overflow of water or sewerage in any part of the Building upon the Premises or for any injury or damage caused by or resulting from acts of God or the elements, or for any injury or damage caused by or resulting from any defect or negligence in the occupancy, construction, operation or use of the Premises, Building, machinery, apparatus or equipment by any person (including Tenant). FurthermoreTenant shall give prompt notice to Landlord in case of fire or accidents occurring anywhere within the Premises or of defects therein or in any fixtures or equipment. Notwithstanding the foregoing, however, it is understood and agreed that Landlord shall be liable to the extent any such injury, loss or damage directly results from Landlord’s negligence or intentional failure to operate and maintain the Premises in accordance with its obligations herein and Landlord has not cured such failure within thirty (30) days after notice thereof from Tenant (or, if such failure requires more than thirty (30) days to be cured, Landlord does not begin to cure the failure within that period after notice and then diligently prosecute the cure to completion), provided that Landlord’s liability shall extend to any damage that occurred prior to completion of the cure; (J) To hold all personal property, including fixtures installed by Tenant, furniture, equipment and the like, of Tenant, or of any other affiliate of Tenant situated at the Premises, at Tenant’s own risk and that Landlord shall not be liable for theft thereof; (K) To maintain general comprehensive public liability insurance with respect to the Premises and its appurtenances, issued by insurance companies authorized to do business in the State in which the Premises are located, naming Landlord, Landlord’s mortgagee and Tenant as insureds, in amounts not less than Two Million Dollars ($2,000,000.00) with respect to injuries to any one person and not less than Five Million Dollars ($5,000,000.00) with respect to injuries suffered in any one accident, and not less than One Million Dollars ($1,000,000.00) with respect to property damage. Tenant may satisfy these limits through a combination of primary and excess policies. Tenant shall deliver to Landlord the policies of such insurance, or certificates thereof, prior to Tenant entering the Premises to perform Tenant’s Work, and shall use commercially reasonable efforts to provide each renewal policy or certificate thereof, at least thirty (30) days prior to the expiration of the policy it renews. Tenant agrees that the aforesaid limits of insurance may be increased at the commencement of each Extension Term, subject to mutual agreement between Landlord and Tenant, which mutual agreement shall factor in the limits then being carried upon comparable properties in the area which includes the Premises. The policies of such insurance shall provide that such insurance shall not be canceled or modified without at least thirty (30) days’ prior written notice to Landlord; (L) To permit Landlord at reasonable times and upon reasonable prior notice to show the Premises to prospective purchasers and mortgagees; and at reasonable times to show the Premises to prospective tenants during the twelve (12) months preceding the Expiration Date, provided that Landlord shall use commercially reasonable efforts to not interfere or disturb Tenant’s use of the Premises; (M) To insure the contents, equipment, and improvements of Tenant and those claiming under Tenant, under policies covering at least fire and the standard extended coverage risks, in amounts equal to the replacement cost thereof, the terms of which policies shall provide that such insurance shall not be canceled without at least twenty (20) days’ prior written notice to Landlord. Copies of certificates of insurance evidencing this coverage shall be delivered to Landlord at least fifteen (15) days prior to the Commencement Date, and Tenant shall not knowingly commit nor use commercially reasonable efforts to provide Landlord each renewal policy or certificate thereof, at least fifteen (15) days prior to the expiration of the policy it renews; (N) To pay Landlord’s expenses, including reasonable attorney’s fees, incurred in enforcing any obligation of Tenant in this Lease in the event a court of competent jurisdiction finally determines that Tenant has breached its obligations under this Lease; (O) Not to permit any employee, contractor, invitee or licensee of Tenant to violate any covenant or obligation of Tenant hereunder; (P) Not to suffer or permit any lien of any nature or description to be committed placed against the Building, the Premises or any portion thereof, and in the case of any such lien attaching by reason of the conduct of Tenant or anyone claiming under Tenant to immediately discharge the same of record through payment or bonding. This provision shall not be interpreted as meaning that Tenant has any authority or power to permit any lien of any nature or description to attach to or be placed upon the Building, the Premises, or any portion thereof; (Q) To save Landlord harmless from, defend and indemnify Landlord against, to the extent permitted by law, any and all injury, loss or damage and any claims for injury, loss or damage, of whatever nature occurring upon or about the Premises to the extent any such injury, loss or damage is caused by the negligence or willful misconduct of Tenant or its employees, agents, contractors or invitees (with respect to the Office Space), or by any act or thing contrary omission of Tenant or its employees, agents, contractors or invitees (with respect to the rules Manufacturing and Storage Space). This indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claim, or any proceeding brought thereon or the defense thereof; (R) That the rights and remedies to which Landlord may be entitled under the terms of this Lease and/or under applicable law are cumulative and are not intended to be exclusive of any other rights or remedies to which Landlord may be properly entitled in case of any breach or threatened breach by Tenant of any provision of this Lease; (S) That no failure of Landlord to exercise any power conferred to it in this Lease and/or under applicable law or to insist upon strict compliance by Tenant with any obligation, covenant, or agreement, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord’s right to demand an exact compliance with the terms hereof; (T) That this Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements between the parties not embodied herein shall be of any force or effect; (U) To procure all necessary permits before making any repairs, installations, alterations, additions, improvements or removals. Landlord agrees it will cooperate with Tenant in obtaining such permits. Tenant agrees that all repairs, installations, alterations, improvements and removals done by it or anyone claiming under it shall be done in a good and workmanlike manner, that the same shall be done in conformity with all laws, ordinances and regulations prescribed of all public authorities and all insurance inspection or rating bureaus having jurisdiction, that the structure of the Building upon the Premises will not be endangered or impaired and that Tenant will repair any and all damage caused by or resulting from time any such repairs, installations, alterations, additions, improvements or removals, including, but without limitation, the filling of holes; and (V) From and after the Commencement Date, to time by promptly comply, at the expense of Tenant, with all requirements of any governmental agency, whether the same be local, state or federal, statehaving competent jurisdiction, and/or the requirements of any insurance inspection or local authorities rating bureau having competent jurisdiction, whether such requirements are made necessary by reason of Tenant’s occupancy and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on use of the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority.

Appears in 1 contract

Sources: Lease Agreement (Vapotherm Inc)

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, at all times during the Term term of this AgreementLease and at Tenant's sole cost and expense, maintain and repair the Premises and every part thereof (except only the parts for which Landlord is expressly made responsible under this Lease) and all equipment, fixtures and improvements therein (including windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems) and keep all of the foregoing clean and in the renewal thereofgood order and operating condition, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable ordinary wear and use tear excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the costproviding for landscaping services and snow and ice removal. Tenant shall not damage the Premises or disturb the integrity and support provided by any wall. Tenant shall, if anyat Tenant's expense, which would promptly repair any damage to the Premises caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant. Tenant shall take good care of the Premises and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not overload the floors in the Premises or exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant's expense, enter into a regularly scheduled preventative maintenance and service contract with a maintenance contractor approved in writing by Landlord for servicing all hot water, heating, ventilating and air conditioning ("HVAC") systems and equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant and Tenant's maintenance contractor shall at all times conduct maintenance on the HVAC equipment at the Premises in accordance with all Federal, state or local laws. In the event that a leak occurs in any portion of the HVAC equipment at the Premises, Tenant shall cause Tenant's maintenance contractor to repair promptly such leak in accordance with such Federal, state or local laws and shall, in any event, cause such leaks to be repaired within the deadline imposed by such Federal, state or local laws. Tenant hereby agrees to indemnify, defend and hold Landlord harmless against any and all damages, liabilities, losses, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by Landlord as a result of Tenant's failure to bring her contemplated operation and business activity into compliance cause maintenance to be conducted on the HVAC equipment at the Premises in accordance with all Federal, state or local laws or as a result of Tenant's failure to cause the repair of any law leak in any portion of the HVAC equipment at the Premises in accordance with Federal, state or regulation local laws. In the event of a federalreplacement of a part or portion of the HVAC equipment which is warranted by the manufacturer and/or guaranteed by the installer, stateTenant shall provide the Landlord with a duplicate original of the warranty and/or guarantee. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises and all alterations, additions, fixtures and improvements therein or local authoritythereto in the same condition as when received, ordinary wear and tear excepted. Additionally, Tenant shall, at Tenant's expense, enter into a regularly scheduled preventative maintenance and service contract with a maintenance contractor approved in writing by Landlord for servicing all fire prevention and life safety systems in the Premises including the sprinkler system installed in the Premises. Such systems shall be maintained by Tenant in accordance with all applicable governmental regulations. Upon request from Landlord, Tenant shall provide Landlord a copy of such maintenance and service contract. Tenant shall also provide copies of all maintenance and service reports to Landlord within thirty (30) days after such maintenance or service is performed on any life safety or fire prevention systems in the Premises. Tenant also agrees that it shall perform maintena▇▇▇ ▇▇ the Premises as set forth on Exhibit D attached hereto and incorporated herein by this reference.

Appears in 1 contract

Sources: Industrial Lease (Sanfilippo John B & Son Inc)

OBLIGATIONS OF TENANT. The Except as hereinafter otherwise provided, in case of damage to or destruction of the Improvements located on the Premises or any part thereof by fire or other cause, Tenant, at Tenant’s sole cost and expense, may elect to restore, repair, replace, rebuild or alter the same as nearly as possible to their value, condition and character immediately prior to such damage or destruction or with such changes or alterations as may be made at Tenant’s election in accordance with and subject to the conditions of Article 11 hereof. If Tenant elects to make any such repairs, such restoration, repairs, replacements, rebuilding or alterations shall be primarily responsible whenever needed for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable condition. The Tenant shall also be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain the Premises in a good, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, or federal laws, rules, regulations, or ordinances. In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of commenced within ninety (90) days following ▇▇▇▇▇▇’s receipt of building permits for such work and prosecuted to completion with due diligence and in good faith. If Tenant does not desire to make the repairs (regardless of whether insurance proceeds are available), Tenant shall notify Landlord in writing. Thereafter, Landlord and Tenant shall meet and confer in good faith to determine whether Landlord will approve Tenant’s election not to rebuild, repair or restore (which approval Landlord shall not unreasonably withhold). The obligation of Tenant to pay Rental shall remain in full force and effect regardless of whether Tenant is able to operate any business and nothing contained in this Section shall be deemed or construed to relieve Tenant of its obligations to comply with the other covenants and obligations of Tenant under this Lease, including, without limitation, Article 6 hereof. Tenant shall not be entitled to any compensation or damages from Landlord for loss of use and occupancy of the whole or any part of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of Personal Property located on the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace or for any plate glass damaged as a result of the neglect inconvenience or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time annoyance occasioned by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authoritysuch damage.

Appears in 1 contract

Sources: Ground Lease

OBLIGATIONS OF TENANT. The Section 4.01. Beginning with the date hereof, Tenant shall have right of access to the demised premises and the right to commence the changes and alteration work pursuant to Article VII. Except as otherwise specifically provided in this lease, beginning with the date hereof and continuing during the term of this lease and any subsequent period of retention of possession by Tenant as a holdover or otherwise, Tenant shall be primarily responsible whenever needed solely responsible, financially and otherwise, for the maintenance and general pickup of the entranceway leading into the Premises so that this is kept in a neatcondition, safeoperation, and presentable condition. The Tenant shall also be responsible for all minor repairs management and maintenance of the leasehold Premisesdemised premises (except for environmental problems which Tenant establishes were not caused or introduced by Tenant), particularly those items which need immediate attention responsibility shall include but not be limited to: (i) taking care of the demised premises and every part thereof including systems and equipment (but excluding structural components as defined in Section 5.02 provided, however, that Tenant shall be responsible for maintaining, repairing and replacing structural components which it has constructed pursuant to Article VII or thereafter and shall perform preventive maintenance on the Tenantsstructural components for which Landlord is responsible such as removing snow from the roofs) and maintaining and keeping same in good order, condition; and repair; (ii) suffering or their employeespermitting no waste, can do overloading, damaging, defacing, nuisance or injury to the demised premises; (iii) maintaining and perform on their ownrepairing sidewalks and curbs adjacent to or abutting the demised premises and keeping the demised premises and such sidewalks and curbs free of snow, ice, dirt, rubbish and other obstacles; (iv) promptly making and paying the cost of all ordinary and extraordinary repairs, painting and replacements required to the interior, including but not limited tothe systems, of the replacement demised premises (except for structural components as defined in Section 5.02 for which Landlord is responsible pursuant to Section 5.02), which said repairs, painting and replacements shall be effected in a good and workmanlike manner; (v) paying for all utility, operating and maintenance expenses of light bulbsthe demised premises; (vi) effecting, as well as the normal repair and cleaning of windows, cleaningkeeping in force, and clearing paying and/or reimbursing Landlord for the premiums for insurance as provided in Article IX. (vii) reimbursing Landlord for governmental license and inspection fees proportionately (such as sprinkler inspection fees) or entirely (such as elevator inspection fees) attributable to the demised premises within ten (10) business days after demand therefor, it being understood that Tenant shall pay directly to the concerned governmental departments all license permits and inspection fees in connection with changes and alteration work performed by Tenant as provided in Article VII; (viii) complying with local requirements regarding landscaping. (ix) pay the water and sewer charges attributable to the demised premises before interest or penalties are imposed; Section 4.02. Tenant on and after the date hereof at its sole cost and expense shall perform and comply with all the orders, regulations, rules and requirements of toiletsevery kind and nature of the municipal, etc.county, town, village, state and federal authorities applicable to the demised premises, and of any applicable board of fire underwriters and of any other body, board, commission, governmental or quasi-governmental authority or sovereign concurrently or successively exercising fire and other hazard safety ratings and requirements applicable to the demised premises (including any orders and requirements for investigating and rectifying any possible hazardous or toxic materials, condition, discharge, leakage or activity introduced or caused by Tenant or by Tenant's invitees, contractors or permitted sublessees), and Tenant shall properly maintain the Premises in a goodso perform and comply, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, whether or federal not such laws, rules, regulationsorders, ordinances, regulations or zoning regulations shall now exist or shall hereafter be enacted or promulgated and whether or not such laws, rules, orders, ordinances, regulations or zoning regulations may be said to be within the present contemplation of the parties hereto, except Tenant shall not be responsible for environmental problems which Tenant establishes were not caused or introduced by Tenant and except that Landlord shall be responsible for any changes or repairs to structural components that are required by existing or future laws, regulations or orders other than those structural components which have been constructed by the Tenant. In determining whether Tenant introduced or caused any possible hazardous or toxic materials, condition, discharge, leakage or activity, Tenant shall have to establish that such materials, condition, discharge, leakage or activity were not introduced or caused by Tenant (or Tenant's invitees, contractors or permitted sublessees). Tenant shall not be responsible for environmental problems it did not introduce or cause. Without limiting such obligations, if any, that may be imposed by law or order of any governmental body upon Tenant, at the written request of the Landlord but not more than four (4) times during the term of this lease and, in addition, upon the expiration or sooner termination of the term of this lease, Tenant shall hire at its sole cost and expense an independent environmental firm, reasonably satisfactory to Landlord, to do a visual inspection of the demised premises similar to those visual inspections currently done in connection with Phase I Environmental Site Assessment. If it is the conclusion of the firm handling the inspection that, based on the results of such inspection, further investigations are in order, Tenant shall have such investigations done at its sole cost and expense. If the hazardous or toxic materials were introduced or caused by Tenant (or Tenant's invitees, contractors or permitted sublessees), Tenant shall take all appropriate action (including where appropriate coordination with responsible governmental agencies which may require remediation) in connection therewith at its sole cost and expense. Environmental reports, in duplicate, regarding the demised premises have been signed on the first page by respective representatives of Landlord and Tenant and the subsequent pages initialed by such representatives. Section 4.03. If on or after the date hereof any proceedings are instituted or orders made for the widening or other enlargement of any street contiguous to the demised premises, requiring removal of any projection or encroachment on, under or above any such street, or ordinancesany changes or alterations upon the demised premises, or in the appurtenances, Tenant, at Tenant's own cost and expenses, shall comply promptly with such requirements other than with respect to structural components for which Landlord is responsible in accordance with Section 5.02. Section 4.04. In Tenant shall have the event right to contest or to have reviewed, in Tenant's name or (wherever necessary) in Landlord's name, any order, regulation or requirements or notice issued against the structure demised premises by legal proceeding or in such other manner as it deems suitable and may defer compliance therewith until the determination of such contest or review, provided such deferral, to Landlord's reasonable satisfaction, shall not subject Landlord to criminal prosecution, penalty or other liability or place in jeopardy Landlord's title to any part of the Premises is damaged fee to, or the certificate of occupancy or use permit for, the demised premises. If any such actions or proceedings are instituted, they shall be conducted promptly at the expense of Tenant (if Tenant's responsibility) and free of expense to Landlord (unless Landlord's responsibility), and if as a result of any neglect such proceedings, any order, regulation, rule, requirement or negligence notice is modified or partially revoked or canceled, Tenant (if Tenant's responsibility) shall then be obligated to comply with only that part thereof which shall remain in force and effect. The legal proceedings herein referred to shall include appropriate appeals from judgments, decrees or orders, but all such original legal proceedings and appeals shall be begun as reasonably soon as possible after the filing of any such order, regulation, rule, requirement or notice and shall be prosecuted to final adjudication with all reasonable promptness and dispatch. If and whenever any such order, regulation, rule, requirement or notice shall become absolute against Tenant and the demised premises, or against Landlord after contest thereof, Tenant (if Tenant's responsibility) will comply with the same with due diligence. Landlord, without liability or expense to Landlord (unless Landlord's responsibility) shall cooperate with Tenant and execute any documents or pleadings required for such purpose, provided that Landlord shall reasonably be satisfied that the facts and data set forth in any such documents or pleadings are accurate. Section 4.05. Tenant agrees to give Landlord notice of any law, rule, order, ordinance, or regulation enacted, passed, promulgated, made, issued or adopted by any of the governmental departments or agencies or authorities hereinbefore mentioned affecting the demised premises, a copy of which is served upon or received by Tenant, or a copy of which is posted on, or fastened or attached to, the demised premises, or otherwise brought to the attention of Tenant, their by mailing within five (5) business days after such service, receipt, posting, fastening or attaching or after the same otherwise comes to the attention of the Tenant, a copy of each and every one thereof to Landlord. At the same time, the Tenant will inform Landlord as to the work or steps which the Tenant proposed to do or take in order to comply therewith. Provided, however, that if the same would require any alterations such as would reduce the value of the demised premises or change the general character or design of the demised premises, and if the Tenant shall not desire to contest the same, Tenant will, if Landlord so requests (unless such request would substantially interfere with Tenant's use), defer compliance therewith in order the Landlord may, if Landlord wishes at it sole cost and expense, contest or seek modification of or other relief with respect to such requirements, but nothing herein shall relieve Tenant of the duty and obligation, at Tenant's expense (if Tenant's responsibility), to comply with such requirements, or such requirements as modified whenever Landlord shall so direct, except for Landlord's obligations as expressly set forth in this lease with respect to changes or repairs to structural components. Section 4.06. Tenant shall defend, indemnify and save Landlord and its officers, directors, employees, agentsshareholders and agents (collectively, business invitees"Landlord's representatives") harmless from and against any and all liability, loss, damages, expenses, costs of action, reasonable attorneys fees, suits, interest, fines, penalties, claims and judgments (to the extent that the same are not paid out of the proceeds of any policies or insurance for which the premiums are paid by Tenant or reimbursed to Landlord by Tenant) arising on and after the date hereof and during the term of this Lease and any subsequent retention of possession by Tenant as a holdover or otherwise, from injury or claim of injury, to person or property of any and every nature, and from any matter or things arising out of Tenant's occupation, possession, use, management, improvement, alteration or control of the demised premises and of the equipment and fixtures therein, and of the adjacent streets, sidewalks, passages, spaces, areas and vaults, or arising out of any independent contractors serving action or proceeding which Tenant may hereinafter bring for the specific purposes as hereinbefore provided, or arising out of Tenant's failure to perform fully and promptly each and every covenant, term, condition and agreement in this lease provided to be performed by Tenant; provided, however, that the obligation of Tenant so to defend, indemnify and save harmless Landlord and Landlord's representatives shall not be applicable where the cause thereof arises after the re-entry by Landlord into the demised premises pursuant to the applicable covenant of this lease providing specifically therefor; and Tenant shall defend by counsel (who shall be reasonably satisfactory to Landlord) any and all suits that may be brought, and claims which may be made against Landlord or Landlord's representatives, or in which Landlord of Landlord's representatives may be impleaded with others, whether Landlord or Landlord's representatives shall be liable or not, upon any such mentioned liability, loss, damage, expense, cost of action, suit, interest, fine, penalty, claim and judgment, and Tenant shall satisfy, pay and discharge any and all judgments that may be recovered against Landlord or Landlord's representatives in any such action and any interest thereon; provided, further, however, that Landlord may, at its option and expense, intervene in such suits with counsel of its choice. The obligations of Tenant in this Section 4.06 (and elsewhere in this lease) to defend and indemnify Landlord and Landlord's representatives are separate and apart from and not in lieu of Tenant's obligation to provide for Landlord's and Landlord's representatives' benefit and protection the comprehensive general liability insurance required in accordance with Article IX and during any repair, alteration, improvement or installation work being done by or for Tenant at the demised premises. Section 4.07. If at any time prior to or during the term of this lease or any subsequent retention of possession by Tenant by reason of a holdover or otherwise (or within the statutory period thereafter if attributable to Tenant), any mechanic's or other lien or order for payment of money shall be filed against the demised premises or any part thereof for work performed by or on behalf of Tenant or a permitted sublessee, Tenant, if such lien results from Tenant's or such permitted sublessee's failure to pay, shall at its own cost and expense procure the same to be discharged by payment, bonding or otherwise, as provided by law, within twenty (20) business days after notice by Landlord to Tenant of the filing thereof, but nothing herein contained shall in any way prejudice the rights of Tenant to contest to final judgment or decree any such lien. Tenant shall, upon reasonable notice and request in writing by Landlord, defend for Landlord, at Tenant's sole cost and expense, any action or proceeding which may be brought on or for the enforcement of any such lien or order aforesaid for payment of money, if due to Tenant's (or a sublessee's) failure to pay, and will pay any damages and satisfy and discharge any judgment entered in such action or proceeding and save harmless Landlord from any liability, claim or damage resulting therefrom. In default of Tenant's procuring the discharge of any such lien as aforesaid Landlord may without notice, and without prejudice to its other remedies hereunder, procure the discharge thereof by bonding or payment or otherwise, and all cost and expenses including reasonable attorneys fees which Landlord shall incur shall be paid by Tenant to Landlord as additional rent on the first day of the next succeeding month. Section 4.08. Landlord shall not under any circumstances be liable to pay for any work, labor or services rendered or materials furnished to or for the account of Tenant upon or in connection with the demised premises, and no mechanic's or other lien for such work, labor or services or material furnished shall, under any circumstances, attach to or affect the reversionary interest of Landlord in and to the demised premises or any part thereof. Nothing in this lease contained shall be deemed or construed in any way as a result constituting the request or consent of ▇▇▇▇▇▇’s use and occupancy Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials or any specific improvements, alteration to or repair of the Premisesdemised premises or any part thereof, then nor as giving Tenant any right, power or authority to contract for or permit the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, rendering of any services or the damaging party's insurance company, and shall furthermore be responsible for seeing furnishing of any materials that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice would give rise to the Landlord, and filing of any lien against the party demised premises. Section 4.09. In the event any vault now or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during the Term of this Agreement, and in the renewal thereof, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority.hereaft

Appears in 1 contract

Sources: Lease Agreement (Petroleum Heat & Power Co Inc)

OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever needed for the maintenance shall, at Tenant's sole cost and general pickup of the entranceway leading into expense, maintain and repair the Premises so that this is kept in a neatincluding the roofs, safeleasehold improvements, and presentable condition. The Tenant shall also be alterations and improvements, parking lots (except only the parts for which Landlord is expressly made responsible for under this Lease) and all minor repairs equipment, fixtures and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, improvements therein (including but not limited toto windows, glass, plate glass, doors, special fronts, entries, the replacement surfaces of light bulbsexterior walls including painting, as well as interior walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems, parking lots, awnings, all leasehold improvements, alterations and improvements) and keep all of the normal repair foregoing clean and cleaning of windowsin good order and operating condition, cleaning, ordinary wear and clearing of toilets, etc., and the tear excepted. Tenant shall properly maintain not damage the Premises or disturb the integrity and support provided by any wall. Tenant shall take good care of the Premises and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant's expense, enter into a regularly scheduled preventative maintenance and service contract with a maintenance contractor approved in writing by Landlord for servicing all hot water, heating, ventilating and air conditioning ("HVAC") systems and equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant and Tenant's maintenance contractor shall at all times conduct maintenance on the HVAC equipment at the Premises in a goodaccordance with all Federal, safestate or local laws and repair any leak in the HVAC equipment within the deadline imposed by such Federal, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, state or federal local laws, rules, regulations, or ordinances. In the event the structure of a replacement of a part or portion of the Premises HVAC equipment which is damaged as warranted by the manufacturer and/or guaranteed by the installer, Tenant shall provide the Landlord with a result of any neglect or negligence of Tenant, their employees, agents, business invitees, or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy duplicate original of the Premises, then the Tenant shall be primarily responsible for seeing that the proper claims are placed with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damagewarranty and/or guarantee. Any damage that is not covered by an insurance company will be the liability of the Tenant. The Tenant shall, during at the Term end of the term of this AgreementLease, surrender to Landlord the Premises and all alterations, additions, fixtures and improvements therein or thereto in the renewal thereofsame condition as when received, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable ordinary wear and use tear excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority.

Appears in 1 contract

Sources: Industrial Lease (EnviroStar, Inc.)

OBLIGATIONS OF TENANT. The Tenant shall, at all times during the term of this Lease and at Tenant's sole cost and expense, maintain and repair the Premises and every part thereof (except only the parts for which Landlord is expressly made responsible under this Lease) and all equipment, fixtures and improvements therein (including windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems) and keep all of the foregoing clean and in good order and operating condition, ordinary and normal wear and tear excepted. Tenant shall be primarily responsible whenever needed for not damage the Premises or disturb the integrity and support provided by any wall. Tenant shall, at Tenant's expense, promptly repair any damage to the Premises caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant. Tenant shall take good care of the Premises and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not overload the floors in the Premises or exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant's expense, enter into a regularly scheduled preventative maintenance and general pickup of service contract with a maintenance contractor approved in writing by Landlord for servicing all hot water, heating and air conditioning systems and equipment in the entranceway leading into the Premises so that this is kept in a neat, safe, and presentable conditionPremises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant shall also be responsible for deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant and Tenant's maintenance contractor shall at all minor repairs and times conduct maintenance of on the leasehold Premises, particularly those items which need immediate attention and which the Tenants, or their employees, can do and perform on their own, including but not limited to, the replacement of light bulbs, as well as the normal repair and cleaning of windows, cleaning, and clearing of toilets, etc., and the Tenant shall properly maintain HVAC equipment at the Premises in a goodaccordance with all Federal, safe, and clean condition. The Tenant shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to all local, state, state or federal local laws, rules, regulations, or ordinances. In the event the structure that a leak occurs in any portion of the Premises is damaged HVAC equipment at the Premises, Tenant shall cause Tenant's maintenance contractor to repair promptly such leak in accordance with such Federal, state or local laws and shall, in any event, cause such leaks to be repaired within the deadline imposed by such Federal, state or local laws. Tenant hereby agrees to indemnify, defend and hold Landlord harmless against any and all damages, liabilities, losses, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by Landlord as a result of any neglect Tenant's failure to cause maintenance to be conducted on the HVAC equipment at the Premises in accordance with all Federal, state or negligence of Tenant, their employees, agents, business invitees, local laws or any independent contractors serving the Tenant or in any way as a result of ▇▇▇▇▇▇’s use and occupancy Tenant's failure to cause the repair of any leak in any portion of the PremisesHVAC equipment at the Premises in accordance with Federal, then state or local laws. In the event of a replacement of a part or portion of the HVAC equipment which is warranted by the manufacturer and/or guaranteed by the installer, Tenant shall be primarily responsible for seeing that provide the proper claims are placed Landlord with the Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to the Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability duplicate original of the Tenantwarranty and/or guarantee. The Tenant shall, during at the Term end of the term of this AgreementLease, surrender to Landlord the Premises and all alterations, additions, fixtures and improvements therein or thereto in the renewal thereofsame condition as when received, at its sole expense, keep the interior of the Premises in as good a condition and repair as it is at the date of this Agreement, reasonable ordinary wear and use tear excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the neglect or acts of Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Tenant shall also be responsible for the cost, if any, which would be incurred to bring her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority.

Appears in 1 contract

Sources: Industrial Lease (Foster L B Co)