Common use of COVENANTS OF LANDLORD Clause in Contracts

COVENANTS OF LANDLORD. The Landlord covenants with the Tenant: 7.1 For quiet enjoyment. 7.2 To complete the Building, including the Landlord’s (Base Building) Work as set out in the Offer to Lease and Schedule “B” attached thereto, to the extent required to allow the Tenant to occupy the Premises by the commencement of the Fixturing Period for purposes of completing the Tenant’s Work. 7.3 To supply water and other utilities to the Premises for the normal and reasonable requirements of the Tenant and at the Tenant’s expense without, in any case, being liable for any loss, damage or inconvenience resulting from failure of the supply of utilities to the Building. 7.4 To provide, maintain and operate during Normal Business Hours, and outside of Normal Business Hours at the request of the Tenant at the sole additional cost of the Tenant, an efficient heating, ventilating and air conditioning system where provided in the Building. The Tenant shall be solely responsible to maintain, operate, repair, and replace any heating, ventilation and air conditioning system not provided by the Landlord as part of the Landlord’s (Base Building) Work which has been installed or constructed by the Tenant as part of the Tenant’s Work. 7.5 The Landlord shall take out or cause to be taken out and keep or cause to be kept in full force and effect: (a) “all risk” insurance on the Buildings and improvements in an amount such as would be carried out by a prudent owner, subject to such deductions and exceptions as the Landlord may determine, acting as a reasonably prudent landlord, against fire and such other hazards covered by policies normally in use from time to time for buildings and improvements of a similar nature similarly situated; (b) comprehensive public liability insurance in respect of the Building of a kind and in an amount such as would be carried by a prudent owner, subject to such deductions and exceptions as the Landlord may determine, acting reasonably; (c) loss or rental income insurance not exceeding Basic Rent, Additional Rent, Operating Expenses and Taxes for the Building of which the Premises form a part for a period not exceeding eighteen (18) months; provided that nothing herein shall prevent the Landlord from insuring with broader coverage, acting as a reasonably prudent landlord. 7.6 Each policy of insurance carried by the Landlord hereunder shall contain a waiver of the insurer’s right of subrogation against the Tenant and each policy of insurance carried by the Tenant pursuant to this Lease shall contain a waiver of the insurer’s right of subrogation against the Landlord. 7.7 Except in the case of an emergency when no representative of the Tenant is available, in accordance with Section 6.17, or following default by the Tenant, not to enter the Premises without an escort designated by the Tenant unless the Tenant specifically confirms otherwise or a representative of the Tenant fails to attend with the Landlord at the specific time identified by the Landlord in any notice required to be provided to the Tenant by the Landlord prior to entry into the Premises as may be set out in this Lease. The Tenant shall not be liable to the Landlord or any other party acting on behalf of the Landlord for any loss, damage, cost or injury arising in connection with any unescorted entry by the Landlord or any other party acting on behalf of the Landlord into the Premises and the Landlord hereby releases the Tenant for any liability arising therefrom. 7.8 To operate, manage and maintain the Building as a first class suburban office park building. 7.9 To repair and maintain, at its sole expense, the structural elements of the Building.

COVENANTS OF LANDLORD. The 9.1. Landlord covenants with will supply for normal office use the Tenant: 7.1 For quiet enjoyment. 7.2 To complete the Building, including the Landlord’s (Base Building) Work as set out in the Offer equipment and facilities to Lease and Schedule “B” attached thereto, to the extent required to allow the Tenant to occupy the Premises by the commencement of the Fixturing Period for purposes of completing the Tenant’s Work. 7.3 To supply water and other utilities to the Premises for the normal and reasonable requirements of the Tenant and at the Tenant’s expense without, in any case, being liable for any loss, damage or inconvenience resulting from failure of the supply of utilities to the Building. 7.4 To provide, maintain and operate during Normal Business Hours, and outside of Normal Business Hours at the request of the Tenant at the sole additional cost of the Tenant, an efficient heating, ventilating heat and air conditioning system where to the Demised Premises, common area electricity, and hot and cold water, all in amounts consistent with services provided in the Building. The Tenant shall be solely responsible to maintain, operate, repair, and replace any heating, ventilation and air conditioning system not provided by the Landlord as part of the Landlord’s (Base Building) Work which has been installed or constructed by the Tenant as part of the Tenant’s Work. 7.5 The Landlord shall take out or cause to be taken out and keep or cause to be kept in full force and effect: (a) “all risk” insurance on the Buildings and improvements in an amount such as would be carried out by a prudent owner, subject to such deductions and exceptions as the Landlord may determine, acting as a reasonably prudent landlord, against fire and such other hazards covered by policies normally in use from time to time for similar buildings and improvements of a similar nature similarly situated; (b) comprehensive public liability insurance in respect of the Building of a kind and in an amount such as would be carried by a prudent owner, subject to such deductions and exceptions as the Landlord may determine, acting reasonably; (c) loss or rental income insurance not exceeding Basic Rent, Additional Rent, Operating Expenses and Taxes for the Building of which the Premises form a part for a period not exceeding eighteen (18) months; provided that nothing herein shall prevent the Landlord from insuring with broader coverage, acting as a reasonably prudent landlord. 7.6 Each policy of insurance carried by the Landlord hereunder shall contain a waiver of the insurer’s right of subrogation against the Tenant and each policy of insurance carried by the Tenant pursuant to this Lease shall contain a waiver of the insurer’s right of subrogation against the Landlord. 7.7 Except in the case of an emergency when no representative of the Tenant is availablecommunity, in accordance with Section 6.17, or following default by the Tenant, not to enter the Premises without an escort designated by the Tenant unless the Tenant specifically confirms otherwise or a representative of the Tenant fails to attend with the provided that: (i) Landlord at the specific time identified by the Landlord in any notice required to be provided to the Tenant by the Landlord prior to entry into the Premises as may be set out in this Lease. The Tenant shall not be liable for failure to the supply or interruption of any such service by reason of any cause beyond Landlord's reasonable control and Landlord shall not be liable for consequential damages in any event; and (ii) if Tenant requires installation of a separate or any other party acting on behalf of the Landlord for any losssupplemental heating, damagecooling, cost or injury arising ventilating and/or air conditioning system, Tenant shall pay all costs in connection with any unescorted entry the furnishing, installation, operation, maintenance and replacement thereof. Landlord shall not be responsible to provide electricity to the Demised Premises, but Landlord has installed meters to measure the electricity consumed on the Demised Premises and Tenant shall pay, as Additional Rent, the cost thereof promptly upon being billed therefor by the providing utility. 9.2. Landlord or any shall make all necessary repairs to the exterior windows, walls and other party acting on behalf structural parts of the Landlord into the Demised Premises and the Landlord hereby releases the Tenant for any liability arising therefrom. 7.8 To operate, manage and maintain the Building as a first class suburban office park building. 7.9 To repair and maintain, at its sole expenseBuilding, the structural elements base building plumbing, heating, ventilating, air conditioning, mechanical and electrical systems, the roof of the Building, the common areas of the Building, and the parking areas, sidewalks and other common areas of the Land, and shall keep all such common areas reasonably free of debris, ice and snow. Notwithstanding the foregoing, Landlord shall not be obligated to make any such repair until the expiration of a reasonable period of time after receipt of notice from Tenant that such repair is needed. Furthermore, in no event shall Landlord be obligated to repair any damage caused by any act, omission or negligence of Tenant or any of its employees, agents, invitees, licensees, subtenants or contractors. Tenant shall reimburse Landlord for all costs and expenses of repairing and replacing all damage or injury to the Building or the Park caused by Tenant or any of its employees, agents, invitees, licensees, subtenants or contractors, or by all or any of them moving in or out of the Building, or by the installation or removal of furniture, fixtures or other property by all or any of them. Such costs and expenses shall be payable as Additional Rent hereunder and shall be paid by Tenant within fifteen (15) days after Tenant is billed therefor. 9.3. Tenant, upon paying the Annual Fixed Rent and all Additional Rent when due, and upon observing, keeping and performing when required all of the covenants, agreements and conditions of this Lease on Tenant's part to be observed, kept and performed, shall quietly have and enjoy the Demised Premises throughout the Lease Term without hindrance or molestation by Landlord or by anyone claiming in, through or under Landlord, subject, however, to the exceptions, reservations and conditions of this Lease.