By Landlord. Landlord shall be responsible, at its expense, only for the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls required due to the fault or omission of Tenant, or its agents, employees, guests or invitees shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsible.
By Landlord. Landlord shall at all times during the term of this Lease, at its expense, insure and keep in effect on the building in which the Leased Premises are located fire insurance with extended coverage. The Tenant shall not permit any use of the Leased Premises which will make voidable any insurance on the property of which the Leased Premises are a part, or on the contents of said property or which shall be contrary to any law or regulation from time to time established by the applicable fire insurance rating association. Tenant shall on demand reimburse the Landlord, and all other tenants, the full amount of any increase in insurance premiums caused by the Tenant's use of the premises.
By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants of the Project as additional insureds, on the Common Areas providing coverage for each such area of not less than $2,000,000.00 against liability for bodily injury including death and personal injury for any one occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) days following request of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination or change in such insurance.
By Landlord. Except as otherwise provided in Section 10.2 above, Landlord shall be responsible for maintaining the structural components of the Premises (including, but not necessarily limited to, the foundation, floor slab, exterior walls and roof of the Building) in good repair and appearance during the term of this Lease. Landlord, however, shall not be required to make any repairs occasioned by the act or negligence of Tenant, its agents, contractors, or employees (including, but not limited to, roof leaks resulting from Tenant's installation of equipment in the Building). All repairs by Landlord shall be comparable in quality to the condition of the Premises as of the commencement of the Term. Tenant may notify Landlord, pursuant to Section 22, of any Landlord repair under this Section 11 which is necessary in Tenant's reasonable judgment. Such notice from Tenant shall include a description of the necessary repair. Upon receipt of notice, Landlord shall promptly commence and diligently pursue to completion such repair. Landlord and its contractors and repairmen: (a) shall use commercially reasonable efforts to minimize interference with Tenant's conduct of business at the Premises and (b) shall only enter the Premises at times mutually agreed upon by the parties to this Lease, except in the case where entrance is necessary in the event of an emergency. If Landlord has not commenced the repair requested by Tenant within twenty (20) days of written notice from Tenant of same, Tenant may, but is not obligated to, commence such repair in place of Landlord. Any actual, out-of-pocket costs which Tenant or any third-party engaged by Tenant reasonably incurs in making such repair shall be paid by Landlord within twenty (20) business days after demand (with documentation verifying the nature and cost of such repair) and if not so paid, the cost thereof may be set-off against installment(s) of Base Rent next coming due.
By Landlord. Landlord and its successors in interest shall have the right to transfer their interest in the Leased Premises and this Lease at any time and to any person or entity. In the event of any conveyance of the Leased Premises and assignment by Landlord of this Lease to another, the Landlord originally named herein (and in the case of any subsequent transfer, the transferor), from the date of such transfer, (i) shall be automatically relieved, without any further act by any person or entity, of all liability for the performance of the obligations of the Landlord hereunder which may accrue after the date of such transfer, and (ii) shall be relieved of all liability for the performance of the obligations of the Landlord hereunder which have accrued before the date of transfer if its transferee agrees to assume and perform all such obligations of the Landlord hereunder and such transferee is not substantially less solvent than Landlord. In the event the Landlord’s interest in the Leased Premises is transferred to multiple transferees, such transferees shall designate, by a written notice to Tenant delivered upon such transfer, the name and address of a single person to whom all rent and notices to be paid or given by Tenant hereunder shall be addressed and who shall be the sole authorized party to give notices to Tenant hereunder; Tenant’s payment of rent to such designated person shall satisfy Tenant’s obligation to pay rent to Landlord; Tenant’s delivery of notices to such designated person shall constitute notice to Landlord and Tenant may rely upon notices from such designated person as being notice from Landlord. After the date of any such transfer, the term “Landlord” as used herein shall mean the transferee of such interest in the Leased Premises.
By Landlord. Landlord hereby indemnifies and agrees to defend, save and hold Tenant harmless from and against any and all Claims for injury or death to persons or damage to property occurring within or about the Common Area caused by Landlord’s willful misconduct or gross negligence, except to the extent caused by the willful misconduct or negligence of Tenant.
By Landlord. Subject to Sections 11.3 and 11.4, and otherwise to the maximum extent permitted by the Laws of the State of California, Landlord shall indemnify, hold harmless and defend Tenant and its parent, subsidiary or affiliated organizations, administrators, agents, attorneys, beneficiaries, conservators, custodians, directors, employees, executors, guardians, heirs, independent contractors, joint venturers, managers, members, officers, partners, predecessors, representatives, servants, stockholders, successors, trustees and all others acting for, under, or in concert with it, including associations, corporations, limited liability companies, and general or limited partnerships, present, and future, from and against any and all any and all actions, arbitrations, claims, costs, disbursements, debts, deficiencies, demands, expenses fees, injuries, judgments, lawsuits, legal or administrative proceedings liabilities, litigation, losses, mediation, penalties, recoveries and/or sanctions arising out of, concerning or elated in any way to the following: (i) Landlord’s use of the Land, including, without limitation, the Dairy; (ii) the conduct of Landlord’s operations or anything else done or permitted to be done by Landlord in or about the Land, including, without limitation, the Dairy; (iii) any breach or default on the performance of Landlord’s duties, obligations and responsibilities under this Lease; and (iv) any other claim for injury, damage or liability, which are caused, by reason of any act, omission, fault, or negligence, whether active or passive, of Landlord and not caused by the negligence or willful misconduct of Tenant. Tenant may participate in the defense of any claim or suit at its own cost and expense without relieving Landlord of any duties, obligations and responsibilities under this Lease.
By Landlord. Landlord, and the agents or contractors of Landlord, may enter the Premises at reasonable times for inspections, to show the Premises to prospective tenants, purchasers or mortgagees and to make any repairs, decorations, alterations or improvements that Landlord may be required to make by applicable law or that Landlord considers necessary or desirable. Except in the case of emergencies or unless it is impractical to do so, Landlord will attempt to give Tenants at least twenty-four (24) hours advance notice of Landlord’s intention to enter into the Premises. A request for maintenance by Tenant implies notice to Tenant of Landlord’s right to enter within seventy-two (72) hours of Landlord’s receipt of the maintenance request.
By Landlord. Landlord shall maintain the Building (excluding leasehold improvements which become fixtures thereto) in a good and operable condition, and shall make such repairs and replacements as may be required to maintain the Building in such condition. This Section 8.1 shall not apply to damage resulting from a Taking (as to which Section 14 shall apply), or damage resulting from a casualty (as to which Section 15.1 shall apply) or to damage for which Tenant is otherwise responsible under this Lease.
By Landlord. Landlord shall carry commercial general liability insurance (either through the purchase of insurance or a self- insurance plan) on those portions of the Common Areas included in Landlord’s Tract providing coverage of not less than $5,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and $1,000,000.00 property damage insurance, or combined single limit insurance in the amount of $5,000,000.00. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on Landlord’s Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant’s merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibits “B” and “B-2” as Tenant’s Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord’s Work as defined in Exhibit “B”.
