Use of the Leased Premises. 8.1. The Tenant undertakes to use the Leased Premises in a reasonable and cautious manner and to see that during the entire term of use the Leased Premises and all facilities and installations thereof are in kept in working order. 8.2. Without derogating from the foregoing, the Tenant undertakes to repair within a reasonable time and at its expense any defect and/or malfunction that it caused in the Leased Premises, and/or any other facility in connection with the Leased Premises in any manner (provided that the defects do not require immediate repair, and then the Tenant undertakes to repair the defect and/or the malfunction it caused in the Leased Premises forthwith) except for defects or malfunctions deriving from reasonable wear (which the Landlord is responsible to repair). 8.3. The Landlord undertakes to repair any defect or malfunction that was caused to the Leased Premises and that derives from reasonable wear and ordinary use within a reasonable time, subject to receiving a written notice from the Tenant regarding the malfunction that was caused in the Leased Premises (provided that the said defects do not bar reasonable use of the Leased Premises, and in such circumstances the Landlord undertakes to repair the defect and/or the malfunction forthwith). The Tenant undertakes to notify the Landlord forthwith upon becoming aware of any defect or malfunction as said. Any damage caused as a result of failure by the Tenant to deliver notice to the Landlord as specified in this clause shall be solely incurred by the Tenant. 8.4. The liability of the Landlord under this Chapter shall not apply where the Tenant caused a defect and/or damage by its act and/or omission and/or an act and/or omission committed by anyone acting on its behalf, and in the event the defect or the breakdown malfunction from faulty maintenance on behalf of the Tenant and/or anyone acting on its behalf and/or due to misuse and/or negligent use and/or by an act and/or omission of the Tenant and/or due to works and/or alterations that were implemented not by the Landlord and/or materials and/or products that were purchased directly by the Tenant and/or due to failure to observe instructions or warnings, to the extent provided by the Landlord, regarding special features of the Leased Premises and/or the common property, by the Tenant. 8.5. In the event one of the parties failed to repair a defect and/or malfunction it was obligated to repair as said, the other party shall be entitled (however not obligated) to make the said repair at the expense of the other party and provided that it delivered a written notice to the other party regarding its intention to act in the said manner and the other party failed to make the repairs within 30 days as of the date of receiving notice, without derogating or affecting its rights to seek any relief or remedy in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. The foregoing with regard to return of amounts that were expended by the party that made the repair in addition to interest as specified hereinabove shall apply, mutatis mutandis as the case may be, also for the purpose of amounts that are expended by one of the parties in accordance with the provisions set forth in this sub-clause.
Appears in 1 contract
Use of the Leased Premises. 8.1(a) Tenant will use and occupy the Premises continuously throughout the Term for the Permitted Use specified in the Basic Lease Information and for no other purpose. The Tenant undertakes to must use and maintain the Leased Premises in a reasonable clean, careful, safe and cautious proper manner and to see that during the entire term in compliance with all applicable laws. ordinances, orders, rules and regulations of use the Leased Premises all governmental entities and all facilities and installations thereof are in kept in working order.
8.2regulatory agencies (collectively, "Applicable Law"). Without derogating from limiting the foregoing, Tenant will be responsible for obtaining any permits required for Tenant's use of the Premises and for determining that such use complies with Applicable Laws. Tenant undertakes will comply with all rules and regulations (the "Rules and Regulations-) adopted by Landlord from time to repair within a reasonable time for the safety and at its expense any defect and/or malfunction that it caused convenience of tenants and others in the Leased Premises, and/or any other facility in connection with Building. The present form of the Leased Premises Rules and Regulations are attached as Exhibit C. Tenant will not in any manner deface or injure the Building or the Land or overload the Floors of the Premises. Tenant must pay on demand for any damage occurring to the Premises during the Term, however caused by Tenant, except for damage proximately caused by the negligence or intentional misconduct of Landlord or by structural defects in the Building. Tenant must also pay on demand for any damage to any other part of the Building or the Land caused by any negligence or willful act, misuse or abuse by Tenant or any of its agents, employees, licensees, or invitees. Tenant will not use the Premises for retail, lodging or sleeping purposes, and Tenant will not do any cooking or permit any cooking odors or any other unusual or objectionable odors to emanate from the Premises. Tenant will conduct its business and occupy the Premises and will control its agents, employees, licensees and invitees in a manner that will not create a nuisance or interfere with, annoy or disturb any of the other Tenants in the Building. Tenant will not use the Premises or permit them to be used in any way that will increase the rate of fire or other insurance for the building, or its contents. Tenant will not place any sign, advertising matter, stand, booth, or showcase in or upon the doorsteps, vestibules, corridors, doors. walls or windows of the building (provided that except for lettering on the defects door or doors to the Premises as allowed by the Rules and Regulations forming, a part of this Lease) without the prior written consent of Landlord. Tenant may use the Premises for: (i) general office and administrative use: (ii) the installation and maintenance of its telecommunications system and equipment; (iii) for any other lawful use which is allowed in the Building in which the Premises are located and which is consistent with the character of the Building. Tenant shall have access to the Building, the Premises and the parking area twenty-four hours (24) per day, seven (7) days per week, three hundred sixty five (365) days per year. Tenant's agents, servants, employees, customers. invitees, or licensees shall have access to the Building during normal business hours, which shall be Monday through Friday, from 7:00 a.m. to 6:00 p.m. and on Saturday from 8:00 a.m. to 12:00 p.m. exclusive of holidays. At the Lease Commencement Date, Landlord shall provide one (1) key to the Premises Tenant shall pay Landlord a fee for any lost or additional keys and card keys.
(b) The Premises do not require immediate repairinclude. and Landlord reserves for its use. any and all mechanical, electrical, telephone or similar rooms; janitor closets: elevator, pipe, and then other vertical shafts and ducts; flues: stairwells: any area above the acoustical ceiling: and any other areas not specifically shown on Exhibit A as being part of the Premises. But Tenant undertakes to repair will have the defect and/or the malfunction it caused in the Leased Premises forthwith) except for defects or malfunctions deriving from reasonable wear (which the Landlord is responsible to repair).
8.3. The Landlord undertakes to repair any defect or malfunction that was caused to the Leased Premises and that derives from reasonable wear and ordinary use within a reasonable timenon-exclusive right, subject to receiving a written notice from the Tenant regarding the malfunction that was caused Paragraph 3 below, to use corridors. lobbies and other areas in the Leased Premises (provided Building that Landlord provides from time to time for the said defects do not bar reasonable common use of the Leased Premises, and in such circumstances the Landlord undertakes to repair the defect and/or the malfunction forthwith). The Tenant undertakes to notify the Landlord forthwith upon becoming aware of any defect or malfunction as said. Any damage caused as a result of failure by the Tenant to deliver notice to the Landlord as specified in this clause shall be solely incurred by the Tenant.
8.4. The liability tenants of the Landlord under this Chapter shall not apply where Building (collectively. the Tenant caused a defect and/or damage by its act and/or omission and/or an act and/or omission committed by anyone acting on its behalf, and in the event the defect or the breakdown malfunction from faulty maintenance on behalf of the Tenant and/or anyone acting on its behalf and/or due to misuse and/or negligent use and/or by an act and/or omission of the Tenant and/or due to works and/or alterations that were implemented not by the Landlord and/or materials and/or products that were purchased directly by the Tenant and/or due to failure to observe instructions or warnings, to the extent provided by the Landlord, regarding special features of the Leased Premises and/or the common property, by the Tenant"Common Areas").
8.5. In the event one of the parties failed to repair a defect and/or malfunction it was obligated to repair as said, the other party shall be entitled (however not obligated) to make the said repair at the expense of the other party and provided that it delivered a written notice to the other party regarding its intention to act in the said manner and the other party failed to make the repairs within 30 days as of the date of receiving notice, without derogating or affecting its rights to seek any relief or remedy in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. The foregoing with regard to return of amounts that were expended by the party that made the repair in addition to interest as specified hereinabove shall apply, mutatis mutandis as the case may be, also for the purpose of amounts that are expended by one of the parties in accordance with the provisions set forth in this sub-clause.
Appears in 1 contract
Use of the Leased Premises. 8.1(a) Tenant shall use and occupy each Leased Premises for the display and retail sale of metalworking consumables and related products, and ancillary office and storage use. The Tenant undertakes to shall not use or occupy the Leased Premises for any other purpose or business without the prior consent of Landlord. In its use and occupancy of each Leased Premises, Tenant shall, at Tenant's expense, comply with all laws, rules, regulations, requirements and ordinances existing or hereinafter enacted or imposed by any governmental authority having jurisdiction over the activities of Tenant at each Leased Premises, including without limitation those related to health, safety, fire, employee protection and environmental matters.
(b) Tenant may install such trade fixtures and equipment at any Leased Premises as Tenant determines necessary, provided that if any such equipment or trade fixtures necessitates modifications to the structural, HVAC, plumbing or electrical systems of the Building in which such Leased Premises are located, Tenant will obtain the prior written approval of Landlord and will further pay for the cost of such work. Tenant may also, during the term of this Lease, make further alterations, at its cost, to any Leased Premises to accommodate its needs. Any such alterations shall be subject to the prior written approval of Landlord. Tenant will submit plans and specifications to Landlord at least thirty (30) days prior to the commencement of work, and all work will be completed in a reasonable timely and cautious diligent manner in accordance with plans and specifications previously approved by Landlord, and in conformity to see that during the entire term of use the Leased Premises all applicable building, health, fire, electrical, plumbing, safety, energy conservation and all facilities and installations thereof are in kept in working orderrelated codes.
8.2. Without derogating from (c) At the foregoingend of the Term, the Tenant undertakes to repair within a reasonable time will remove its equipment, furnishings and trade fixtures located at its expense any defect and/or malfunction that it caused in the Leased Premises, and/or . Tenant shall also remove any other facility in connection with the Leased Premises in any manner (provided that the defects do not require immediate repair, and then the alterations made by Tenant undertakes to repair the defect and/or the malfunction it caused in the Leased Premises forthwith) except for defects or malfunctions deriving from reasonable wear (which the Landlord is responsible to repair).
8.3. The Landlord undertakes to repair any defect or malfunction that was caused to the Leased Premises and (unless otherwise approved by Landlord), provided that derives from reasonable wear and ordinary use within a reasonable time, subject to receiving a written notice from the in all cases Tenant regarding the malfunction that was caused in shall restore the Leased Premises (provided to a condition comparable to that the said defects do not bar reasonable use of the Leased Premises, and in such circumstances the Landlord undertakes to repair the defect and/or the malfunction forthwith). The Tenant undertakes to notify the Landlord forthwith upon becoming aware of any defect or malfunction as said. Any damage caused as a result of failure by the Tenant to deliver notice to the Landlord as specified in this clause shall be solely incurred by the Tenant.
8.4. The liability of the Landlord under this Chapter shall not apply where the Tenant caused a defect and/or damage by its act and/or omission and/or an act and/or omission committed by anyone acting on its behalf, and in the event the defect or the breakdown malfunction from faulty maintenance on behalf of the Tenant and/or anyone acting on its behalf and/or due to misuse and/or negligent use and/or by an act and/or omission of the Tenant and/or due to works and/or alterations that were implemented not by the Landlord and/or materials and/or products that were purchased directly by the Tenant and/or due to failure to observe instructions or warnings, to the extent provided by the Landlord, regarding special features of the Leased Premises and/or the common property, by the Tenant.
8.5. In the event one of the parties failed to repair a defect and/or malfunction it was obligated to repair as said, the other party shall be entitled (however not obligated) to make the said repair at the expense of the other party and provided that it delivered a written notice to the other party regarding its intention to act in the said manner and the other party failed to make the repairs within 30 days existing as of the date of receiving notice, without derogating or affecting its rights to seek any relief or remedy in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. The foregoing with regard to return of amounts that were expended by the party that made the repair in addition to interest as specified hereinabove shall apply, mutatis mutandis as the case may be, also for the purpose of amounts that are expended by one commencement of the parties Term.
(d) Tenant will not commit waste on the Leased Premises, nor will Tenant make unreasonable use of any utility services furnished by Landlord, nor will Tenant conduct any activities or operations on the Leased Premises that will constitute a nuisance, generate excessive dust, smoke or offensive odors, or cause unreasonable noise, or disrupt the operations of Landlord or any other tenant of the Buildings, or which could result in accordance with cancellation or increase in the provisions set forth in this sub-clausepremium of Landlord's fire, casualty or liability insurance.
Appears in 1 contract
Sources: Lease (JLK Direct Distribution Inc)
Use of the Leased Premises. 8.1. (a) The Tenant undertakes to shall use the Leased Premises in a reasonable only as an office for general business purposes, including any ancillary or related uses.
(b) Subject to Landlord’s representation and cautious manner and to see warranty that during the entire term of use the Leased Premises and all facilities and installations thereof are in kept in working orderfull compliance with all Laws as of the Commencement Date, Tenant shall, at its own expense, comply with all Laws affecting the Leased Premises hereby leased and the cleanliness, safety, occupation and use of same.
8.2. Without derogating from the foregoing(c) So long as Landlord’s insurance policy contains commercially reasonable rules and restrictions, the Tenant undertakes shall not do or permit anything to repair within a reasonable time and at its expense any defect and/or malfunction that it caused in the Leased Premises, and/or any other facility in connection with be done on the Leased Premises in any manner (provided that or keep anything therein which would invalidate the defects do not require immediate repairLandlord’s casualty or liability insurance on the Building, and then the Tenant undertakes to repair shall pay the defect and/or Landlord as additional rent, upon written notice, the malfunction it amount of any increase in the Landlord’s insurance premiums caused by things done on or kept in the Leased Premises forthwith) except for defects or malfunctions deriving from reasonable wear (which the Landlord is responsible to repair)by Tenant.
8.3(d) Landlord shall cause the Building and Leased Premises, at its sole cost and expense and without reimbursement as part of the Operating Expenses, to comply with all future changes in existing Laws and Laws which are enacted after the date of this Lease.
(e) Landlord, at its sole cost, rather than Tenant shall be responsible for the environmental condition of the Building and Leased Premises existing as of the Commencement Date. The Landlord undertakes hereby agrees to repair defend, indemnify and save harmless Tenant from all claims, costs, damages, demands, expenses, fines, judgments, liabilities and losses (including reasonable attorneys’ fees) which arise from or in connection with hazardous materials (including asbestos) located on the Leased Premises or Building as of the Commencement Date or any defect or malfunction that was caused violation of environmental laws occurring prior to the Commencement Date.
(f) Landlord shall provide the following services to the Leased Premises at all times unless otherwise specified: (i) ventilation, air conditioning and that derives from heating for normal office purposes, in reasonable wear amounts and ordinary at temperatures sufficient for Tenant’s use within a reasonable timeand occupancy but at least sufficient to maintain the temperature between 69 and 75 degrees Fahrenheit; (ii) electric for lighting and operation of Tenant’s equipment and trade fixtures in an amount not less than 5 ▇▇▇▇▇ per square foot (exclusive of lighting); (iii) water/sewer service for drinking, subject to receiving a written notice lavatory and toilet purposes from the regular Building supply; (iv) fire suppression as required by law; and (v) bulb replacement.
(g) Throughout the Term of the Lease, Tenant regarding the malfunction that was caused shall be permitted to use, free of charge, thirty two (32) parking spaces in the Leased Premises parking lot adjacent to the Building and as necessary, in neighboring lot located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
(h) With respect to Tenant’s telecommunications facilities and services, Tenant shall select the providers and make arrangements directly with all providers of Tenant’s telecommunications facilities and services (hereinafter individually and collectively referred to as “Tenant’s Telecommunications Service Provider”) and pay for services provided that by it to Tenant pursuant to a separate agreement between Tenant and Tenant’s Telecommunications Service Provider. Tenant and Tenant’s Telecommunications Service Provider shall have use of telephone/data closets, risers, shafts, conduits or other facilities in and on the said defects do not bar reasonable use Building, to bring such telecommunications services to the desired portions of the Leased Premises.
(i) Tenant shall have the right, and in such circumstances subject to Landlord’s reasonable approval regarding location, which shall not be unreasonably withheld, delayed or conditioned, to use a portion of the Landlord undertakes to repair roof of the defect Building for satellite, antennae, and/or the malfunction forthwith)supplemental HVAC equipment. The Tenant undertakes to notify the Landlord forthwith upon becoming aware of any defect or malfunction as said. Any damage caused as a result of failure by the Tenant to deliver notice to the Landlord as specified in this clause Such rights shall be solely incurred by the at no cost to Tenant.
8.4. The liability of the Landlord under this Chapter shall not apply where the Tenant caused a defect and/or damage by its act and/or omission and/or an act and/or omission committed by anyone acting on its behalf(j) Letter dated August 5, and in the event the defect or the breakdown malfunction 2013 from faulty maintenance on behalf of the Tenant and/or anyone acting on its behalf and/or due ▇▇▇▇▇ + Black Architects addressed to misuse and/or negligent use and/or by an act and/or omission of the Tenant and/or due to works and/or alterations that were implemented not by the Landlord and/or materials and/or products that were purchased directly by the Tenant and/or due to failure to observe instructions or warnings, to the extent provided by the Landlord, regarding special features of the Leased Premises and/or the common property, by the Tenant.
8.5. In the event one of the parties failed to repair a defect and/or malfunction it was obligated to repair ▇▇▇▇ ▇▇▇▇▇▇▇▇ is attached as said, the other party shall be entitled (however not obligated) to make the said repair at the expense of the other party and provided that it delivered a written notice to the other party regarding its intention to act in the said manner and the other party failed to make the repairs within 30 days as of the date of receiving notice, without derogating or affecting its rights to seek any relief or remedy in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. The foregoing with regard to return of amounts that were expended by the party that made the repair in addition to interest as specified hereinabove shall apply, mutatis mutandis as the case may be, also for the purpose of amounts that are expended by one of the parties in accordance with the provisions set forth in this sub-clause.Exhibit D.
Appears in 1 contract
Use of the Leased Premises. 8.1A. Tenant will use and occupy the Premises continuously throughout the Term of the Permitted Use specified in the Basic Lease Information and for no other purpose. The Tenant undertakes to must use and maintain the Leased Premises in a reasonable clean, careful, safe and cautious proper manner and in compliance with all applicable laws, ordinances, orders, rules and regulations of all governmental entities and regulatory agencies (collectively, “Applicable law). Tenant will comply with all rules and regulations (the “Rules and Regulations”) adopted by the landlord from time to see that time for the safety and convenience of tenants and other in the Premises so long as such rules and regulations do not conflict with any law, regulations, code, ordinance, or rule applicable to a public school. The present form of the Rules and Regulations are attached as Exhibit C. Tenant must pay on demand for any damage occurring to the Premises during the entire term term, however caused by Tenant, except for damage proximately caused by the negligence or intentional misconduct of Landlord or by structural defects in the Building. Tenant must also pay on demand for any damage to any other part of the Building or the Land caused by any negligence or willful act, misuse or abuse by Tenant or any of its agents, employees, licensees, or invitees. Tenant will not use the Leased Premises for retail, lodging or sleeping purposes, and Tenant will not do any unapproved cooking or permit any cooking orders or any other unusual or objectionable or orders to emanate from the Premises. Tenant will conduct its business and occupy the Premises and all facilities will control its agents, employees, licensees and installations thereof are invitees in kept a manner that will not create a nuisance. Tenant will not use the Premises or permit them to be used in working order.
8.2any way that will increase the rate of fire or other insurance for the building or its contents. Without derogating from Tenant will not place any sign, advertising matter, stand, booth, or showcase in or upon the foregoingdoorsteps, vestibules, corridors, doors, walls or windows of the building (except for lettering on the door or doors to the Premises as allowed by the Rules and Regulations forming a art of this Lease) without the prior written consent of landlord. Tenant may use the Premises for: (i) a school, including general office and administrative use; (ii) the installation and maintenance of its telecommunications system and equipment; (iii) for any lawful use which is allowed in the Premises and which is consistent with the character of the Building, Tenant, its agents, services, employees, customers, invitees or licenses shall have access to the Building, the Tenant undertakes to repair within a reasonable time and at its expense any defect and/or malfunction that it caused in the Leased Premises, and/or any other facility in connection with the Leased Premises in any manner (provided that the defects do not require immediate repair, and then the Tenant undertakes to repair the defect and/or the malfunction it caused in the Leased Premises forthwith) except for defects or malfunctions deriving from reasonable wear (which the Landlord is responsible to repair).
8.3. The Landlord undertakes to repair any defect or malfunction that was caused to the Leased Premises and that derives from reasonable wear and ordinary use within a reasonable timethe parking area twenty-four-hours (24) per day, subject to receiving a written notice from the Tenant regarding the malfunction that was caused in the Leased Premises seven (provided that the said defects do not bar reasonable use of the Leased Premises7) days per week, and in such circumstances the Landlord undertakes to repair the defect and/or the malfunction forthwith). The Tenant undertakes to notify the Landlord forthwith upon becoming aware of any defect or malfunction as said. Any damage caused as a result of failure by the Tenant to deliver notice to the Landlord as specified in this clause shall be solely incurred by the Tenantthree hundred sixty five (365) days per year.
8.4. The liability of the Landlord under this Chapter shall not apply where the Tenant caused a defect and/or damage by its act and/or omission and/or an act and/or omission committed by anyone acting on its behalf, and in the event the defect or the breakdown malfunction from faulty maintenance on behalf of the Tenant and/or anyone acting on its behalf and/or due to misuse and/or negligent use and/or by an act and/or omission of the Tenant and/or due to works and/or alterations that were implemented not by the Landlord and/or materials and/or products that were purchased directly by the Tenant and/or due to failure to observe instructions or warnings, to the extent provided by the Landlord, regarding special features of the Leased Premises and/or the common property, by the Tenant.
8.5. In the event one of the parties failed to repair a defect and/or malfunction it was obligated to repair as said, the other party shall be entitled (however not obligated) to make the said repair at the expense of the other party and provided that it delivered a written notice to the other party regarding its intention to act in the said manner and the other party failed to make the repairs within 30 days as of the date of receiving notice, without derogating or affecting its rights to seek any relief or remedy in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. The foregoing with regard to return of amounts that were expended by the party that made the repair in addition to interest as specified hereinabove shall apply, mutatis mutandis as the case may be, also for the purpose of amounts that are expended by one of the parties in accordance with the provisions set forth in this sub-clause.
Appears in 1 contract
Sources: Lease Agreement
Use of the Leased Premises. 8.1Said Leased Premises shall be used exclusively as a bolt and fastener manufacturing/industrial and warehousing facility, except there shall be no heavy manufacturing, operated only as is consistent with applicable zoning ordinances. Tenant shall not commit waste upon the Leased Premises. Tenant shall not do any act upon the Leased Premises or make any use thereof which may make void or voidable any insurance on the Leased Premises or building. The Tenant undertakes taking possession of the Premises shall evidence ▇▇▇▇▇▇'s acceptance of the condition of the premises for the use intended by ▇▇▇▇▇▇,.and ▇▇▇▇▇▇ agrees that no representations, statements or warranties, express or implied, have been made by or on behalf of the Landlord in respect thereto except as expressly contained in this Lease. Landlord shall in no event be liable for any defect in or upon the Premises, apparent or latent, unless resulting from ▇▇▇▇▇▇▇▇'s negligent maintenance of the Premises after reasonable notice from Tenant. Tenant shall not allow the use on the Premises of any hazardous substances except as permitted by this Lease, law, regulation or ordinance. Tenant shall not allow any substances to be used by or on account of Tenant upon the Premises or deposited by or on account of Tenant on or in the Premises which may be determined by federal, state or local agency or court of law to be hazardous substance or substance of a similar nature which results in an award of fines or damages against Landlord, or which results in an order to clean up, neutralize or remove such substances from the Premises. Tenant shall advise the Landlord in advance of any change in the use of the building and if the use involves the presence of lubricants or chemicals or other potentially hazardous products, then the Tenant will be required to provide a Phase 1 environmental report upon termination of the Lease; provided, however, that, so long as commercially reasonable in quantities and use, Tenant shall be permitted to use water soluble coolant, hydraulic oils, and cutting oils without the Leased requirement of providing a Phase I environmental report upon termination of the Lease. However, notwithstanding the presence of oil and other such products in quantities and uses that are commercially reasonable, Tenant shall remain responsible for clean up and shall leave no evidence of such oil or other hazardous products present in or on any portion of the Premises in a reasonable upon vacation Tenant shall comply with all laws, ordinances, orders, and cautious manner and to see that during the entire term of use regulations affecting the Leased Premises and the cleanliness, safety, occupation and use thereof. Landlord covenants and agrees that if the Tenant shall perform all facilities of the covenants and installations thereof are in kept in working order.
8.2. Without derogating from agreements herein stipulated to be performed on the foregoingTenant's part, the Tenant undertakes shall at all times during said term, have the peaceable and quiet enjoyment, use and possession of said Leased Premises without any manner of hindrance from the Landlord or any person lawfully claiming through the Landlord. Landlord shall retain, in addition to repair within a reasonable time and at its expense any defect and/or malfunction that it caused in the Leased Premises, and/or any other facility in connection with rights to enter the Leased Premises as described in any manner (provided that this lease, the defects do not require immediate repair, and then the Tenant undertakes right to repair the defect and/or the malfunction it caused in enter the Leased Premises forthwith) except for defects or malfunctions deriving from reasonable wear (which the Landlord is responsible to repair).
8.3. The Landlord undertakes to repair any defect or malfunction that was caused to the Leased Premises and that derives from reasonable wear and ordinary use within a reasonable time, subject to receiving a written notice from the Tenant regarding the malfunction that was caused in the Leased Premises (provided that the said defects do not bar reasonable use of the Leased Premises, and in such circumstances the Landlord undertakes to repair the defect and/or the malfunction forthwith). The Tenant undertakes to notify the Landlord forthwith upon becoming aware of any defect or malfunction as said. Any damage caused as a result of failure by the Tenant to deliver notice to the Landlord as specified in this clause shall be solely incurred by the Tenant.
8.4. The liability of the Landlord under this Chapter shall not apply where the Tenant caused a defect and/or damage by its act and/or omission and/or an act and/or omission committed by anyone acting on its behalf, and in the event the defect or the breakdown malfunction from faulty maintenance on behalf of the Tenant and/or anyone acting on its behalf and/or due to misuse and/or negligent use and/or by an act and/or omission of the Tenant and/or due to works and/or alterations that were implemented not by the Landlord and/or materials and/or products that were purchased directly by the Tenant and/or due to failure to observe instructions or warnings, to the extent provided by the Landlord, regarding special features of the Leased Premises and/or the common property, by the Tenant.
8.5. In the event one of the parties failed to repair a defect and/or malfunction it was obligated to repair as said, the other party shall be entitled (however not obligated) to make the said repair at the expense of the other party and provided that it delivered a written notice to the other party regarding its intention to act in the said manner and the other party failed to make the repairs within 30 days as of the date of receiving notice, without derogating or affecting its rights to seek any relief or remedy in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. The foregoing with regard to return of amounts that were expended by the party that made the repair in addition to interest as specified hereinabove shall apply, mutatis mutandis as the case may be, also for the purpose of amounts that are expended by one of the parties in accordance with the provisions set forth in this sub-clauseinspection.
Appears in 1 contract