Common use of Landlord Repairs and Maintenance Clause in Contracts

Landlord Repairs and Maintenance. Subject to Landlord's right to reimbursement from Tenant pursuant to Sections 6 and Section 8, to the extent applicable, Landlord shall at its expense maintain in good condition and repair the structural portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities to their point of connection to the Premises and the Common Areas of the Project. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent nature. There shall be no abatement of Rent and, except for the negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's business in exercise of Landlord's rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, and (b) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating.

Landlord Repairs and Maintenance. Subject to Landlord's ’s right to reimbursement from Tenant pursuant to Sections 6 and Section 86.01 hereof, to the extent applicable, Landlord shall at its expense maintain in good condition condition, repair and repair replace (as necessary) the structural portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities to their point of connection to the Premises and the Common Areas of the ProjectProperty, and any aspect of the Premises not expressly to be maintained by Tenant in Section 8.03 below, all in a manner consistent with other first class office buildings in the area. Tenant shall give Landlord prompt notice of any repairs required of Landlord and Landlord shall not be liable to Tenant for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs repair or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureLandlord. There Except as otherwise provided in this Article 8, there shall be no abatement of Rent and, except for the negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's ’s business in exercise of Landlord's ’s rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, and (b) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating.

Landlord Repairs and Maintenance. Subject to Landlord's right to reimbursement from Tenant pursuant to Sections 6 6.1 and Section 8, to the extent applicable8.3, Landlord shall at its expense maintain in good condition and repair the structural portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities to their point of connection to utilities, the Premises Building systems (including HVAC, plumbing, electrical, and mechanical), common area doors, windows, and walls, and light fixtures, and the Common Areas of the Project. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There shall be no abatement of Rent and, except for the gross negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's business in exercise of Landlord's rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, and (b) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating.

Landlord Repairs and Maintenance. Subject to Landlord's ’s right to reimbursement from Tenant pursuant to Sections 6 6.01 and Section 88.03, to the extent applicable, Landlord shall at its expense maintain in good condition and repair the structural portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities to their point of connection to the Premises and the Common Areas of the Project. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There shall be no abatement of Rent and, except for the gross negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's ’s business in exercise of Landlord's ’s rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, and (b) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating. Notwithstanding the foregoing, in the event Landlord fails to commence and diligently pursue any required repairs or maintenance within a reasonable period of time after receipt of Tenant’s notice, and such failure results in Tenant’s inability to use the Premises for its business for seven (7) consecutive calendar days, then Tenant shall be entitled to Rent abatement in proportion to the area of the Premises which cannot be used for Tenant’s operation of its business from the Premises, which abatement shall commence on the eight (8th) day of such interruption and continue until such interruption ceases. Tenant shall give Landlord prompt written notice of any such interruption of its use of the Premises resulting from Landlord’s failure to meet it obligations under this Subsection 8.01.

Landlord Repairs and Maintenance. Subject to Landlord's right to reimbursement from Tenant pursuant to Sections 6 6.01 and Section 88.03, to the extent applicable, Landlord shall at its expense maintain in good condition and repair the structural portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities to their point of connection to the Premises and the Common Areas of the Project. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There shall be no abatement of Rent and, except for the gross negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's business in exercise of Landlord's rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, and (b) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating.

Landlord Repairs and Maintenance. Subject to Landlord's ’s right to reimbursement from Tenant pursuant to Sections 6 6.01 and Section 88.03, to the extent applicable, Landlord shall at its expense maintain in good condition and repair the structural portions of the Building including without limitation the foundation, roof and membrane membrane, elevators, heating, ventilation, air-conditioning, and other utility and mechanical systems serving the Building, and shall maintain in good condition the exterior of the Building, utilities to their point of connection to the Premises and the Common Areas of the Project. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There shall be no abatement of Rent and, except for the negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with SCHNITZER-STANDARD FORM OFFICE LEASE 17 Tenant's ’s business in exercise of Landlord's ’s rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, and (b) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating.

Landlord Repairs and Maintenance. Subject to Landlord's right to reimbursement from Tenant pursuant to Sections 6 and Section 8, to the extent applicable6.02 hereof, Landlord shall at its expense shall, except as otherwise set forth in this Lease, maintain in good condition and repair the Common Areas and the structural and exterior portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities and the plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord. In the event any of such maintenance and repairs are (i) needed to their point of connection any Tenant Improvements installed in the Premises which are above "building standard", or (ii) necessitated by or to the Premises and extent attributable to the Common Areas act, neglect or omission of Tenant, or Tenant's Agents, or (iii) required to any equipment that might be considered a part of the ProjectBuilding plumbing, heating, ventilating, air conditioning, elevator and/or electrical systems, but which was installed by or on behalf or at the request of Tenant (with or without Landlord's consent thereto), then in any of said foregoing events Tenant shall pay to Landlord, as Additional Rent, the cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There Except as set forth in Article XII hereof, there shall be no abatement of Rent anddue to, except for the negligence or willful misconduct of and Landlord or its employees, shall have no liability of Landlord by reason of any injury to or interference with Tenant's business arising from from, the making of any repairs, alterations or improvement improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's business in exercise of Landlord's rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, Project and (b) Landlord shall not be obligated to undertake any repair, alteration, remodelremodeling, improvement, painting or decoratingdecorating at any time during the Term or any renewal or extension thereof. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Landlord Repairs and Maintenance. Subject to Landlord's right to reimbursement from Tenant pursuant to Sections 6 and Section 8, to the extent applicable6.02 hereof, Landlord shall at its expense shall, except as otherwise set forth in this Lease, maintain in good condition and repair the Common Areas and the structural and exterior portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities to their point of connection to the Premises and the Common Areas of the Projectplumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There Except as set forth in Article XII hereof, there shall be no abatement of Rent anddue to, except for the negligence or willful misconduct of and Landlord or its employees, shall have no liability of Landlord by reason of any injury to or interference with Tenant's business arising from from, the making of any repairs, alterations or improvement improvements in or to any portion of the Building, the Project or the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's business in exercise of Landlord's rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, Project and (b) Landlord shall not be obligated to undertake any repair, alteration, remodelremodeling, improvement, painting or decoratingdecorating at any time during the Term or any renewal or extension thereof.

Landlord Repairs and Maintenance. (a) Subject to Landlord's ’s right to reimbursement from Tenant pursuant to Sections 6 6.1 and Section 8, to the extent applicable8.3, Landlord shall at its expense maintain in good condition and repair the structural portions of the Building including without limitation the foundation, roof and membrane and shall maintain in good condition the exterior of the Building, utilities to their point of connection to the Premises Building and the Common Areas of the ProjectAreas. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There Except as provided in Section 8.1(b) below, there shall be no abatement of Rent and, except for the gross negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's ’s business in exercise of Landlord's ’s rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (ai) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, Building or the Common Areas or the ProjectAreas, and (bii) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating. (b) If Tenant believes that Landlord has not performed a repair that Landlord is obligated to repair under Section 8.1(a), Tenant shall give Landlord written notice of such repair required to be performed by Landlord and Landlord shall within thirty (30) days of the date of such notice either: (i) complete such repair within thirty (30) days of the date of Tenant’s notice, (ii) notify Tenant in writing that Landlord disputes the need for Landlord to make such repair, or (iii) notify Tenant in writing that Landlord will commence such repairs and diligently pursue the completion of such repairs to completion if such repairs will not be completed within thirty (30) days of the date of Tenant’s notice. If within such thirty (30) day period after the date of Tenant’s written notice to Landlord, Landlord does not take any of the actions described in clauses (i), (ii) or (iii) in the immediately preceding sentence, Tenant may send Landlord a second notice specifying the actions in reasonable detail that Tenant intends to take to perform such repair and the date Tenant intends to commence such actions, which date shall be not less than five (5) business days after the date Landlord receives such notice. If during such five (5) business day period Landlord does not notify Tenant that Landlord has commenced either the repairs that Tenant proposes to undertake or such other repairs as Landlord determines appropriate in Landlord’s reasonable business judgment, Tenant may undertake repairs which would be Landlord’s responsibility and Landlord shall reimburse Tenant for the reasonable costs so incurred within thirty (30) days after notice, which notice shall be accompanied by paid receipts. If Landlord does not timely pay Tenant for such repairs, Tenant may deduct the cost thereof from the Monthly Base Rent next coming due, up to twenty-five percent (25%) of Tenant’s Monthly Base Rent, until the cost thereof is fully accounted for; provided, however, if at the time Tenant is entitled to commence such abatement of Monthly Base Rent the remaining term of this Lease is not sufficiently long enough for a full recovery of such abatement, Tenant may increase the percentage of such abatement (and, if necessary xxxxx Additional Rent) so as to enable Tenant to fully recover such amount during the Term of this Lease. In no event shall Tenant’s repair and maintenance self-help remedies include any right to rebuild or repair the Building or Common Areas following any damage or destruction to the Building or Common Areas, it being agreed that Tenant’s sole remedy with respect to any such damage or destruction is contained in Article XI of this Lease.

Landlord Repairs and Maintenance. Subject to Landlord's right to reimbursement from Tenant pursuant to Sections 6 and Section 8, to the extent applicable6.2 hereof, Landlord shall at its expense maintain in good condition and repair the Common Areas and the structural and exterior portions of the Building including without limitation and the foundationplumbing, roof heating, ventilating, air conditioning, elevator and membrane electrical systems installed or furnished by Landlord. In the event any of such maintenance and shall maintain repairs are attributable to improvements installed in good condition the exterior Premises (other than the initial build-out of the Building, utilities to their point of connection Premises pursuant to the Premises Work Letter Agreement attached hereto as Exhibit C) which are above standard or are necessitated by or attributable in part or in whole to the act, neglect or omission of any duty by Tenant, its agents, officers, employees or invitees, Tenant shall pay to Landlord, as Additional Rent, the cost of such maintenance and the Common Areas of the Projectrepairs. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist and no action is taken to repair failure for ten (10) days an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant or a shorter reasonable time if such repair is of an urgent natureTenant. There Except as set forth in Article XI hereof, there shall be no abatement of Rent and, except for the negligence or willful misconduct of Landlord or its employees, and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvement improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant's business in exercise of Landlord's rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Premises, the Building, the Common Areas or the Project, Project and (b) Landlord shall not be obligated to undertake any repair, alteration, remodel, improvement, painting or decorating. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. Pursuant to its obligations hereunder, Landlord shall use reasonable efforts to maintain unobstructed access to the Premises during normal working hours.