Common use of By Lessor Clause in Contracts

By Lessor. The costs of repairs and maintenance which are the obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense. Lessor shall repair and maintain the structural portions of the Building and the basic plumbing, air conditioning, heating, electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject to the express provisions of Article 7 above limiting the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessee Lessor shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement statement of Rentals, and in any event there them shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating ExpenseExpense subject to Section 7 above. Lessor shall repair and maintain the common areas and the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The Except as expressly otherwise provided in this Lease, the costs of repairs and maintenance which are the obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense. Lessor shall repair and maintain the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order; except, however, that in the event of an emergency situation which (i) materially and adversely affects the operation of Lessee’s business from the Premises or which results an imminent risk of injury to persons or material property damage, and (ii) is susceptible of cure by Lessee’s performance of a Lessor maintenance and/or repair obligation under this Lease, then if Lessor shall fail to promptly commence and diligently prosecute to completion such cure following receipt of notice from Lessee of the existence of such situation, Lessee shall have the right, but not the obligation, to promptly take such measures as are necessary to cure such default (using the Building-standard subcontractors for utility or mechanical system work or work affecting the Building exterior, if such cure requires subcontractor work, provided such subcontractors are available at commercially reasonable rates for the work to be performed), and Lessor shall reimburse Lessee for the reasonable costs of completing such cure within thirty (30) days following Lessee’s submission to Lessor of reasonable evidence of the amount of such costs.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease hereunder or which Lessor elects to perform under this Lease hereunder except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating ExpenseExpense and Lessee shall pay, as additional rent, Lessee's Percentage Share of such costs to Lessor as provided in Article 7. Lessor shall repair and maintain the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease hereunder or which Lessor elects to perform under this Lease hereunder except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating ExpenseExpense and Lessee shall pay, as additional rent, Lessee's Percentage Share of such costs to Lessor as provided in Article 7. Lessor shall repair and maintain the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 l of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the obligation of Lessor under this Lease hereunder or which Lessor elects to perform under this Lease hereunder except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense. Lessor shall repair and maintain the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the actact (other than ordinary wear and tear resulting from customary day to day general office use), neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee Less ee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 I of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating ExpenseExpense except as otherwise set forth in this Lease. Notwithstanding anything to the contrary contained in this Lease, Lessor shall repair and maintain the structural portions of the Building at Lessor’s sole cost and expense, and subject to recovery as an Operating Expense, Lessor shall repair, maintain and replace, when necessary all non-structural items, including the roof membrane and all building systems including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless except to the extent such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rentrent (subject to the terms of Article 15 hereof). Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee (or within a reasonable period of time in the event of an emergency) and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 l of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense. Lessor shall repair and maintain the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall shaft be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The Except as expressly otherwise provided in this Lease, the costs of repairs and maintenance which are the obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense. Lessor shall repair and maintain the structural portions of the Building and Building, including the basic plumbing, air conditioning, heating, heating and electrical and integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 17 and/or 21 of this Lease, there shall be no abatement of Rentals, and in any event there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment thereintherein (except for damage to Lessee’s fixtures, appurtenances or equipment caused by the negligence or willful misconduct of Lessor or any of its agents, employees or contractors, subject to Article 15 of this Lease). Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 I of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order; except, however, that in the event of an emergency situation which (i) materially and adversely affects the operation of Lessee’s business from the Premises or which results an imminent risk of injury to persons or material property damage, and (ii) is susceptible of cure by Lessee’s performance of a Lessor maintenance and/or repair obligation under this Lease, then if Lessor shall fail to promptly commence and diligently prosecute to completion such cure following receipt of notice from Lessee of the existence of such situation, Lessee shall have the right, but not the obligation, to promptly take such measures as are necessary to cure such default (using the Building-standard subcontractors for utility or mechanical system work or work affecting the Building exterior, if such cure requires subcontractor work, provided such subcontractors are available at commercially reasonable rates for the work to be performed), and Lessor shall reimburse Lessee for the reasonable costs of completing such cure within thirty (30) days following Lessee’s submission to Lessor of reasonable evidence of the amount of such costs.