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Tenant’s Waiver
Tenant’s Waiver contract clause examples
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Tenants Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good operating condition and repair in accordance with the standard customarily maintained in Class A facilities in Research Triangle Park (reasonable wear and tear and damage by casualty excepted) all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, all building systems serving the Building, including HVAC, plumbing, fire sprinklers, elevators (“Building Systems”), and any emergency generator(s) or related systems serving the Premises. Tenants obligations under this Section 14 with respect to Building Systems shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlords written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the maintenance and repair of the respective Building Systems. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturers recommended maintenance procedures for the optimal performance of the applicable Building Systems and related equipment. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 20 days of Landlords written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 30 days after demand therefor (including reasonable backup outlining such cost); provided, however, that if such failure by Tenant creates or could reasonably be expected to create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. If Tenant consistently fails to perform its obligations under this Section 14 with respect to Building Systems, then Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the maintenance and repair of any or all of the Building Systems if Tenant does not cure Tenants failure within 20 days after receipt of such notice. Landlord and Tenant acknowledge and agree that # the administrative rent of of Base Rent provided for in Section 5 assumes Tenants continued performance of its maintenance and repair obligations with respect to Building Systems pursuant to this Section 14, and # if at any time during the Term, Tenant is no longer performing its maintenance and repair obligations with respect to Building Systems pursuant to this Section 14, then such administrative rent shall be increased to of Base Rent. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises.

Tenants Obligations. Tenants obligations under this Section 30 shall survive the expiration or earlier termination of the Lease. During any period of time after the expiration or earlier termination of this Lease required by Tenant or Landlord to complete the removal from the Premises of any Hazardous Materials (including, without limitation, the release and termination of any licenses or permits restricting the use of the Premises and the completion of the approved Decommissioning and HazMat Closure Plan), Tenant shall continue to pay the full Rent in accordance with this Lease for any portion of the Premises not relet by Landlord in Landlords sole discretion, which Rent shall be prorated daily.

Tenants Access. From and after the Term Commencement Date and until the end of the Term and any extension thereof, Tenant shall have access to the Premises twenty-four (24) hours a day, seven (7) days a week, subject to Landlords reasonable Building security requirements, causes beyond Landlords reasonable control, Legal Requirements, the Rules and Regulations, the terms of this Lease, Force Majeure (hereinafter defined) and matters of record.

Tenants Agents. Tenants agents, directors, officers, and employees.

Tenants Use. General office and laboratory use.

Tenants Obligations. Tenant shall at all times and at its own expense, clean, keep and maintain in good, safe and sanitary order, condition and repair every part of the Building which is not within Landlords obligation pursuant to Paragraph 11.1. Tenants repair and maintenance obligations shall include, without limitation, all plumbing and sewage fixtures located within and exclusively serving the Building, all fixtures, interior surfaces of all walls, floor coverings, ceiling surfaces, interior windows, store front, doors, entrances, interior plate-glass, showcases, all electrical facilities and equipment located within and exclusively serving the Building, including lighting fixtures, lamps, any supplemental HVAC equipment installed by or for Tenant, any automatic fire extinguisher equipment within the Building, electrical motors and all other appliances and equipment of every kind and nature located within and exclusively serving the Building. Tenant shall provide, at Tenants expense, all janitorial service to the Building and all pest control for the Premises. Tenant shall have the benefit of any warranties available to Landlord with respect to any improvements or equipment to be maintained by Tenant as provided herein.

Tenants Indemnification. Except to the extent caused by the negligence or willful misconduct of Landlord or Landlords Agents, Tenant shall indemnify, defend and hold Landlord and Landlords Agents harmless from and against any and all claims, damage, loss, liability or expense including, without limitation, attorneys fees and legal costs, arising from # Tenants use of the Premises or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or # the negligence or willful misconduct of Tenant or Tenants Agents. Tenant agrees that the obligations assumed herein shall survive this Lease.

Tenants Insurance. Tenant agrees to maintain in full force and effect at all times during the Term, at its own expense, for the protection of Tenant and Landlord, as their interests may appear, commercial general liability insurance, with an occurrence basis in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate, naming Landlord, Landlords Agents, and Landlords lender as additional insureds.

Tenants Default. A default under this Lease by Tenant shall exist if any of the following events shall occur (a “Default”):

Tenants Remedy. If, as a consequence of a Default by Landlord under this Lease, Tenant recovers a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Premises and out of rent or other income from the Premises received by Landlord or out of consideration received by Landlord from the sale or other disposition of all or any part of Landlords right, title or interest in the Premises, and neither Landlord nor Landlords Agents shall be liable for any deficiency.

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