REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its expense, the Leased Real Estate in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Leased Real Estate. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Leased Real Estate which will reduce Tenant's maintenance obligations, but shall not be obligated to maintain at is expense the interior of the Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the building. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Leased Real Estate. Any damages or repairs caused, or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Leased Real Estate by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Leased Real Estate, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Leased Real Estate's structure or are permanently affixed to the same. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term.
Appears in 3 contracts
Sources: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)
REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Leased Real Estate Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Leased Real EstatePremises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Leased Real Estate Premises which will reduce Tenant's maintenance obligations, but and shall not be obligated to maintain at is its expense the interior and improvements of the Leased Real Estate Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Leased Real EstatePremises. Any damages or repairs caused, caused or generated by the Tenant's negligence or willful misconduct shall -12- run at the Tenant's expense, as well as all of the secondary elements added to the Leased Real Estate Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Leased Real EstatePremises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Leased Real Estate's Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estatemade by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.
Appears in 1 contract
Sources: Lease Agreement
REPAIRS AND IMPROVEMENTS. The 8.1 During the term of this Lease, Landlord, at Landlord’s sole cost and expense, shall (a) repair, maintain, and replace, as necessary, the security fencing and automated gate lock system of the Premises and (b) keep clear all ingress and egress to the Tenant space. Landlord is not obligated to repair or replace any such items damaged by Tenant or its employees, agents, contractors, or invitees, which damage shall be obligated repaired or replaced by Tenant at Tenant’s sole cost and expense. Tenant shall have ninety (90) days after written notice from Landlord to maintain, at its expense, make any repairs or replacements required to be made by Tenant under this section. Any such repairs or replacements shall return the Leased Real Estate in general, including but not limited to, Premises to satisfactory condition based on the exterior structural elements, exterior pluvial, and sewage water systemscondition of the Premises prior to the need for repair or replacement, as well mutually agreed upon my Landlord and Tenant. Except as pay provided in this Section 8.1, Tenant has no obligation for all other repair or maintenance fees or repairs derived from the normal wear and tear of the exterior Premises or replacement of any items located on the Leased Real Estate. The Landlord Premises.
8.2 Tenant shall cooperate with Tenant to enforce all such guarantees with respect not make any alterations, additions, or improvements to the Leased Real Estate which will reduce Tenant's maintenance obligations, but shall not be obligated to maintain at is expense the interior of the Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the building. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Leased Real Estate. Any damages or repairs caused, or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Leased Real Estate by the Tenant. Notwithstanding the foregoing, the Tenant shall not, Premises without the prior written consent of the Landlord Landlord, which shall not be unreasonably withheld withheld. All alternations, additions, or delayedimprovements made by Tenant shall comply with applicable laws in effect at the time they are made, make changes the terms of this Lease, and any plans and specifications approved by Landlord. Any alterations, additions, or adjustments improvements to or upon the Premises, whether installed by Landlord or Tenant, shall be and remain as part of the Premises at the expiration or earlier termination of this Lease; provided, however, that on the expiration or earlier termination of the Lease and upon demand by Landlord, Tenant shall, at Tenant’s sole cost and expense, remove only those alterations, additions, or improvements made by or for the account of Tenant, that are designated by Landlord in its consent to the Leased Real Estatealterations, even if related additions, or improvements to indoor be removed, and repair and restore the Premises to their original condition, subject to ordinary wear and tear.
8.3 Landlord reserves, and at any and all times shall have, the right to repair or outdoor maintenance worksmaintain the Premises. It Landlord’s representatives and contractors for that purpose may enter in or about the Premises on not less than forty-eight (48) hours’ prior written notice to Tenant, with such materials as Landlord may deem necessary therefor, provided that entrance to the Premises shall not be necessary to obtain prior consent from blocked thereby, and further provided that the Landlord to make indoor changes, adjustments or maintenance works whenever these do business of Tenant shall not affect the Leased Real Estate's structure or are permanently affixed to the same. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's terminterfered with unreasonably.
Appears in 1 contract
Sources: Commercial Lease
REPAIRS AND IMPROVEMENTS. The Landlord Developer shall be obligated to maintain, at its expense, of the Leased Real Estate in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, and interior building systems as define at Exhibit One as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Leased Real Estate. The Landlord Developer shall cooperate with Tenant Lessee to enforce all ail such guarantees warrantees with respect to the Leased Real Estate which will reduce TenantLessee's maintenance obligations, but shall not be obligated to maintain at is expense the interior of the Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the building. The Tenant Lessee shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Leased Real Estate, except for those generated by the normal wear and tear of the Real Estate. Any damages or repairs caused, caused or generated by the TenantLessee's negligence or willful misconduct shall run at the TenantLessee's expense, as well as all of the secondary elements added to the Leased Real Estate by on behalf of the TenantLessee, except as set forth in section 5.11 below. Notwithstanding Without affecting the foregoingabove, the Tenant Lessee shall not, without the prior written consent of the Landlord Developer which shall not be unreasonably withheld or delayed, make changes or adjustments to the Leased Real Estate, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord Developer to make indoor changes, adjustments or maintenance works whenever these do not affect the Leased Real Estate's structure or are permanently affixed to the same. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit of the LandlordDeveloper, without giving rise to the Tenant Lessee to request a deduction in the rent or an economic compensation for these upon termination of the lease's term.
Appears in 1 contract
Sources: Lease Agreement (Novacept Inc)
REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Leased Real Estate Premises in general, including but not limited to, internal infrastructure (unless the repairs become necessary as a result of Tenant’s abnormal use of the premises) the exterior structural elementselements and infrastructure, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Leased Real EstatePremises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused by Tenant or Tenant’s subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant’s sole responsibility unless those are necessary initial repairs of the equipment and/or are covered by the guarantees, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; and such approval. A. cannot be unreasonably withheld by Landlord. A biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the Premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Leased Real Estate Premises which will reduce Tenant's ’s maintenance obligations, but and shall not be obligated to maintain at is its expense the interior (with the exception of the Leased Real Estate infrastructure) and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease Agreement or due to damages to the infrastructure of the Building not caused by Tenant. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Leased Real EstatePremises. Any damages or repairs caused, caused or generated by the Tenant's ’s negligence or willful misconduct shall run at the Tenant's ’s expense, as well as all of the secondary elements added to the Leased Real Estate Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Leased Real EstatePremises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Leased Real Estate's Premises’ structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estatemade by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's Lease Agreement’s term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Landlord any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, which results in an increase in payment of the land tax, Tenant shall compensate such increase to Landlord through an increase in the monthly rate payment. For this purpose, Landlord shall demonstrate with documentation issued by the local government that such increase in the land tax is caused by the improvements made by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Lpath, Inc)
REPAIRS AND IMPROVEMENTS. The A. Landlord shall not be required to make any repairs, alterations, additions or improvements to or upon said premises during the Term, except only those hereinafter specifically provided for; WSOD hereby agrees to maintain and keep said leased premises including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing fixtures and interior drain pipes in good order and repair during the Term at WSOD’s own cost and expense, and to replace all glass which may be broken or damaged during the Term in the windows and doors of said premises with glass of as good or better quality as that now in use, WSOD further agrees that WSOD will make no alterations, additions or improvements to or upon said premises without the written consent of Landlord first being obtained.
B. Landlord agrees to be responsible for and to bear all costs and expenses of the maintenance, repair and replacement during the Term of the exterior walls, roof(s), gutters, downspouts and structural elements and foundations of the building on the demised premises and the sidewalks thereabouts. Notwithstanding the language in Section 4(B)(iii), Landlord shall be obligated responsible for resurfacing the parking lot one time during the term of this lease within 120 days of WSOD’s written request. Landlord agrees to maintainbe responsible for and to bear all costs and expenses of the maintenance, repair and replacement during the Term of any wiring, plumbing and drain pipes outside the building, but on the demised premises, except as such repairs and replacements are caused by the negligent acts or willful wrong doing of WSOD or agents, employees, or licensees of WSOD. It is understood and agreed that Landlord reserves and at its expenseany and all times shall have the right to alter, repair or improve the Leased Real Estate in generalbuilding, including but not limited to, the exterior structural elements, exterior pluvial, or to add thereto and sewage water systems, as well as pay for that purpose at any time may erect scaffolding and all other maintenance fees or repairs derived from necessary structures about and upon the normal wear demised premises and tear of the exterior of the Leased Real Estate. The Landlord shall cooperate and Landlord’s representatives, contractors and workmen for that purpose may with Tenant to enforce all such guarantees with respect to the Leased Real Estate which will reduce Tenant's maintenance obligations, but shall not be obligated to maintain at is expense the interior of the Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the building. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Leased Real Estate. Any damages or repairs caused, or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Leased Real Estate by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent to WSOD, enter in or about the said demised premises with such materials as Landlord may deem necessary therefor, and WSOD waives any claim to damages, including loss of business resulting therefrom, provided, however, that Landlord shall use its best efforts not to interfere with the Landlord which conduct and operation of WSOD’s business at the demised premises and shall not be unreasonably withheld use its best efforts to complete such work in a timely fashion; provided, further, however, in the event that such alteration, repair or delayedimprovement takes more than thirty (30) days, make changes or adjustments rent shall ▇▇▇▇▇ to the Leased Real Estateextent such alteration, even if related to indoor repair of improvement has a material adverse effect on WSOD’s business or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Leased Real Estate's structure or are permanently affixed to the same. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's termoperations.
Appears in 1 contract
Sources: Commercial Lease (Markit Ltd.)
REPAIRS AND IMPROVEMENTS. The On or before November 1, 1992, Landlord shall, at Landlord's expense, make improvements to the Premises as set forth on Exhibit "II" which is attached hereto and incorporated herein. Landlord shall deliver the Premises with all mechanical, electrical and plumbing systems and equipment in good working order. Landlord shall be obligated responsible for maintenance and repair of the roof, exterior walls, foundation, downspouts, gutters and structural elements of the building of which the Premises are a part, unless such repair or maintenance is necessitated by any act or neglect of Tenant or anyone acting by, through or under Tenant. Except as provided in the preceding paragraph, Tenant shall promptly repair at Tenant's expense any damage to maintainthe Premises and to any equipment, at its expensesystems and facilities therein, and will make all replacements thereto, whether such repairs and replacements be necessitated by ordinary wear and tear or other event of any kind, except a Casualty as provided in Section 3.2 hereof. Without limiting the Leased Real Estate in generalgenerality of the foregoing, including Tenant's maintenance, repair and replacement responsibilities shall include the interior of the Premises, all doors, windows, and loading docks, if any, and all electrical, mechanical, Tenant shall pay all expenses of operating and maintaining the Premises, including, but not limited to, the exterior structural elementsexpenses for refuse removal, exterior pluvialjanitorial services, carpet cleaning, and sewage water systemspainting. Upon vacating the Premises, Tenant shall surrender the Premises in as well good condition as pay for all other maintenance fees or repairs derived from the same were at the commencement of Tenant's original tenancy, excepting normal wear and tear and damage caused by a Casualty as provided in Section 3.2 hereof, unless such Casualty is caused by the negligence or intentional acts of the exterior of the Leased Real EstateTenant or anyone acting by, through or under Tenant. The Landlord Tenant shall cooperate with Tenant to enforce all such guarantees with respect not make any structural changes or alterations to the Leased Real Estate Premises or install any equipment which will reduce Tenant's maintenance obligationsmay necessitate any changes or addition to, but or overload or require the extraordinary use of, any utilities or any electrical, plumbing, or mechanical systems serving the Premises, without first obtaining the written consent of Landlord, which consent shall not be obligated to maintain unreasonably withheld. Unless otherwise agreed in writing, at is expense the interior conclusion of Tenant's occupancy of the Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the building. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generallyPremises, any service accessory alterations, improvements and fixtures installed by Tenant in the Premises, at Landlord's option, shall either become the property of Landlord or accessories incorporated to the Leased Real Estate. Any damages or repairs caused, or generated by the Tenant's negligence or willful misconduct shall run be removed at the Tenant's expense, in which event the Premises shall be restored by Tenant to their condition existing at commencement of this Lease. Landlord agrees to indemnify and hold harmless the Tenant from any pre-existing or current condition on the property of which the Premises are a part concerning the presence of (i) any "Hazardous Waste Substance" as well as all of the secondary elements added to the Leased Real Estate defined by the TenantResource Conservation and Recovery Act of 1976 (or regulations thereunder) as later amended, (ii) any "Hazardous Substance" as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (or regulations thereunder) as later amended, (iii) any "Hazardous Substance" as defined in the Maryland Health Environmental Code, Title 7, Subtitle 2 (or regulations thereunder) as later amended, and (iv) any "Substance" (including asbestos) the presence, maintenance or storage of which on the Premises is prohibited by law. Notwithstanding the foregoing, the Tenant shall notnot allow, without permit, or cause the prior written consent generation, use, accumulation, storage, treatment, transportation, disposal, release or threat of release of "Hazardous Waste Substance" as defined in the preceding paragraph and agrees to indemnify and hold harmless the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to from any such condition during the Leased Real Estate, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Leased Real Estate's structure or are permanently affixed to the same. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit term and any renewals of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's termthis Lease.
Appears in 1 contract
REPAIRS AND IMPROVEMENTS. A. The Landlord shall be obligated to maintain, at its expense, the Leased Real Estate in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Leased Real Estate. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Leased Real Estate which will reduce Tenant's maintenance obligations, but Lessor shall not be obligated required to make any repairs, alterations, additions or improvements to or upon said premises during the term of this lease, except only those hereinafter specifically provided for; the Lessee hereby agrees to maintain and keep said leased premises including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing fixtures and interior drain pipes in good order and repair during the entire term of this lease at is expense the interior of the Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear Lessee's own cost and tear of the building. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Leased Real Estate. Any damages or repairs caused, or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, and to replace all glass which may be broken or damaged during the term hereof in the windows and doors of said premises with glass of as well good or better quality as all of the secondary elements added that now in use; Lessee further agrees that Lessee will make no alterations, additions or improvements to the Leased Real Estate by the Tenant. Notwithstanding the foregoing, the Tenant shall not, or upon said premises without the prior written consent of the Landlord which shall not be unreasonably withheld Lessor first being obtained.
B. The Lessor agrees to maintain in good order and repair during the term of this lease the exterior walls, roof, gutters, downspouts and foundations of the building on the demised premises and the sidewalks thereabouts. Lessor will maintain and keep any wiring, plumbing and drain pipes outside the building, but on the demised premises, in good repair during the term of this lease, except as such repairs are caused by the negligent acts or delayedwillful wrong doing of Lessee or agents, make changes employees, or adjustments to the Leased Real Estate, even if related to indoor or outdoor maintenance workslicensees of Lessee. It is understood and agreed that the Lessor reserves and at any and all times shall have the right to alter, repair or improve the building, or to add thereto and for that purpose at any time may erect scaffolding and all other necessary structures about and upon the demised premises and Lessor and Lessor's representatives, contractors and workmen for that purpose may enter in or about the said demised premises with such materials as Lessor may deem necessary therefor, and Lessee waives any claim to damages, including loss of business resulting therefrom, provided, however, that Lessor shall use its best efforts not be necessary to obtain prior consent from interfere with the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect conduct and operation of Lessee's business at the Leased Real Estate's structure or are permanently affixed to the same. If authorization is received, all investments, non-removable improvements or the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's termdemised premises.
Appears in 1 contract
Sources: Commercial Lease (Crocs, Inc.)