Common use of Landlord’s Duty to Repair Clause in Contracts

Landlord’s Duty to Repair. Landlord shall, subject to Tenant’s reimbursement as provided in Section 4.3, maintain in good repair the exterior walls, roof, and sidewalks located on the Shopping Center, Common Areas, mechanical systems (excluding HVAC), electrical, plumbing and fire/life safety system located in the Common Areas of the Building systems, exterior windows of the Building, and elevators serving the Building. Tenant will maintain an elevator maintenance contract for the elevator which exclusively serves the Premises and Tenant shall be responsible for Fifty Percent (50%) any repairs and maintenance of such elevator. Upon receipt of an invoice from Landlord for any such repairs and maintenance, Tenant agrees to reimburse Landlord Fifty Percent (50%) within thirty (30) days following receipt of such invoice. Tenant agrees that it will not permit or authorize any person to go onto the roof of the building of which the Premises are a part without the prior written consent of Landlord. Landlord shall not be required to make any repairs to the exterior walls, roof, and sidewalks unless and until Tenant has notified Landlord in writing of the need of such repairs and Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs. Landlord may at its sole discretion arrange for a maintenance contract of all roof structures, the cost of which shall be Tenant’s responsibility as to Tenant’s Proportionate Share thereof. Tenant shall pay, as Additional Rent to Landlord, its Proportionate Share of the cost of said repairs and maintenance incurred by Landlord.

Landlord’s Duty to Repair. If all or a substantial part of the ------------------------- Premises are rendered untenantable or inaccessible by damage to all or any part of the Property from fire or other casualty then, unless either party is entitled to and elects to terminate this Lease pursuant to Sections 13.2 - "Landlord's Right to Terminate" and 13.3 "Tenant's Right to Terminate" Landlord shall, subject at its expense, use reasonable efforts to repair and restore the Premises and/or the Property, as the case may be, to substantially their former condition to the extent permitted by the then applicable codes, laws and regulations; provided, however, that in no event shall Landlord have any obligation to repair or replace the Suite Improvements beyond the extent of insurance proceeds received for the repair or restoration thereof or any of Tenant’s reimbursement 's personal property, Trade Fixtures or Alterations. Notwithstanding the above, if Landlord, at Tenant's request, has insured Tenant's Alterations as provided in Section 4.312.2 - "Landlord's Insurance," Landlord's obligation to repair or restore shall also include such Alterations, maintain in good repair the exterior walls, roof, and sidewalks located on the Shopping Center, Common Areas, mechanical systems (excluding HVAC), electrical, plumbing and fire/life safety system located in the Common Areas of the Building systems, exterior windows of the Building, and elevators serving the Building. Tenant will maintain an elevator maintenance contract for the elevator which exclusively serves the Premises and Tenant shall be responsible for Fifty Percent (50%) any repairs and maintenance of such elevator. Upon receipt of an invoice from Landlord for any such repairs and maintenance, Tenant agrees to reimburse Landlord Fifty Percent (50%) within thirty (30) days following receipt of such invoice. Tenant agrees that it will not permit or authorize any person to go onto the roof of the building of which the Premises are a part without the prior written consent of Landlord. Landlord shall not be required to make any repairs but only to the exterior walls, roof, and sidewalks unless and until Tenant has notified extent Landlord in writing of the need of such repairs and Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs. Landlord may at its sole discretion arrange for a maintenance contract of all roof structures, receives insurance proceeds covering the cost of which such repair or restoration. If Landlord is required or elects to repair damage to the premises and/or the Property this Lease shall continue in effect but Tenant's Base Rent and Additional Rent from the date of the casualty through the date of substantial completion of the repair shall be Tenant’s responsibility as abated with regard to Tenant’s Proportionate Share thereof. Tenant shall pay, as Additional Rent to Landlord, its Proportionate Share any portion of the cost Premises that Tenant is prevented from using by reason of said repairs such damage or its repair; provided, however, that if the casualty is the result of the willful misconduct or negligence of Tenant or Tenant's Representatives or Tenant's Visitors, there will be no such rental abatement. The amount and maintenance incurred period of rental abatement shall be determined by Landlord.Landlord in the exercise of its good faith

Landlord’s Duty to Repair. Landlord shall, subject to Tenant’s 's reimbursement as provided in Section 4.34.3 herein, maintain in good repair the exterior walls, roof, and sidewalks located on the Shopping Center, Common Areas, mechanical systems (excluding HVAC), electrical, plumbing and fire/life safety system located in the Common Areas of the Building systems, exterior windows of the Building, and elevators serving the Building. Tenant will maintain an elevator maintenance contract for the elevator which exclusively serves the Premises and Tenant shall be responsible for Fifty Percent (50%) any repairs and maintenance of such elevator. Upon receipt of an invoice from Landlord for any such repairs and maintenance, Tenant agrees to reimburse Landlord Fifty Percent (50%) within thirty (30) days following receipt of such invoice. Tenant agrees that it will not permit or authorize any person to go onto the roof of the building of which the Premises are a part without the prior written consent of Landlord. Said consent will be given only upon Landlord's satisfaction that any repairs necessitated as a result of Tenant's action will be made by Tenant, at Tenant's expense, and will be made in such a manner so as not to invalidate any guarantee relating to said roof. Landlord shall not be required to make any repairs to the exterior walls, roof, and sidewalks unless and until Tenant has notified Landlord in writing of the need of such repairs and Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs. Landlord may at its sole discretion arrange for a maintenance contract of all roof structures, the cost of which shall be Tenant’s 's responsibility as to Tenant’s 's Proportionate Share thereof. Tenant shall pay, as Additional Rent to Landlord, its Proportionate Share of the cost of said repairs and maintenance incurred by Landlord. It is agreed that by accepting possession of the Premises, Tenant acknowledges (i) Landlord's full and final completion of Landlord's work as set forth in Exhibit C attached hereto and made a part hereof and (ii) Landlord's construction and delivery of the Premises to Tenant in the condition called for hereunder.

Landlord’s Duty to Repair. At Landlord’s cost, Landlord shall, subject to Tenant’s reimbursement as provided in Section 4.3, shall keep and maintain in good repair the foundation, exterior wallswalls (except for cleaning, roofnon-structural repairs and painting, all of which shall be included in Building Facility Expenses) and sidewalks located on the Shopping Center, Common Areas, mechanical systems roof (excluding HVAC), electrical, plumbing and fire/life safety system located except as noted in the Common Areas Section 9 hereof) of the Building systems, exterior windows of the Building, and elevators serving the Building. Tenant will maintain an elevator maintenance contract for the elevator which exclusively serves the Premises and Tenant shall be responsible for Fifty Percent (50%) any repairs and maintenance of such elevator. Upon receipt of an invoice from Landlord for any such repairs and maintenance, Tenant agrees to reimburse Landlord Fifty Percent (50%) within thirty (30) days following receipt of such invoice. Tenant agrees that it will not permit or authorize any person to go onto the roof of the building of Property in which the Premises are located and the structural portions of the Premises which were installed by Landlord, and also the plumbing, electrical, sprinkler and other utility lines and systems servicing the Premises, all in a part without first class condition in accordance with other similar retail space located in the prior written consent metropolitan area where the Premises is located and in compliance with all governmental regulations, exclusive of Landlorddoors, door frames, door checks, windows, and window frames located in exterior Property walls. Landlord shall not be required called upon to make any other improvements or repairs to of any kind upon the exterior walls, roof, Premises and sidewalks unless and until Tenant has notified Landlord in writing appurtenance. Any of the need foregoing repairs required to be made by reason of the negligence of Tenant, its agents, etc., as above described, shall be the responsibility of the Tenant notwithstanding the provisions above contained in this Section. If the Premises become or are out of repair and not in good condition due to either the failure of Landlord to comply with the terms of this Section, then Landlord must perform or cause to be performed any and all repairs or replacements necessary to restore the Premises to a state of good condition and repair. If any repairs or replacements required of Landlord hereunder are not completed within 30 days after Landlord has received written notice from Tenant of such state of disrepair or if such repairs cannot reasonably be completed within such 30 day period and Landlord fails to begin such repairs or replacements within 30 days after notice and proceed diligently thereafter to completion, then Tenant may prosecute such repairs itself and apply the cost of such repairs against the next maturing monthly installment(s) of Rent due hereunder, provided that Xxxxxx provides receipts from paid vendors, and Landlord shall have had a reasonable period pictures of time thereafter to commence the completed work. Notwithstanding the foregoing, in the case of an emergency Tenant may immediately prosecute any and complete said repairs. Landlord may at its sole discretion arrange for a maintenance contract of all roof structures, necessary repairs and offset the cost of which shall be Tenant’s responsibility as to Tenant’s Proportionate Share thereof. Tenant shall paysuch repairs against the next maturing monthly installment(s) of Rent due hereunder, as Additional Rent to Landlord, its Proportionate Share but Xxxxxx must notify Landlord of the cost of said emergency and related repairs and maintenance incurred by Landlordas soon thereafter as is reasonably practicable.