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

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, 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 personal property, Trade Fixtures or Alterations. Notwithstanding the above, if Landlord, at Tenant's request, has insured Tenant's Alterations as provided in Section 12.2 - "Landlord's Insurance," Landlord's obligation to repair or restore shall also include such Alterations, but only to the extent Landlord receives insurance proceeds covering the cost of 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 abated with regard to any portion of the Premises that Tenant is prevented from using by reason of 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 period of rental abatement shall be determined by Landlord in the exercise of its good faith

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, 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 personal property, Trade Fixtures fixtures or Alterations. Notwithstanding the above, if Landlord, at Tenant's request, has insured Tenant's Alterations as provided in Section 12.2 - "Landlord's Insurance," ", Landlord's obligation to repair or restore shall also include such Alterations, but only to the extent Landlord receives insurance proceeds covering the cost of such repair or restoration. If Landlord is required or elects to repair damage to the premises 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 abated with regard to any portion of the Premises that Tenant is prevented from using by reason of 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 abatementabated. The amount and period of rental abatement shall be determined by Landlord in the exercise of its good faithfaith reasonable judgment. In no event shall Landlord be liable to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty or by reason of any repairs to any part of the Property made necessary by such casualty.

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, at its expensesubject to Tenant's reimbursement as provided in Section 4.3 herein, use reasonable efforts maintain in good repair the exterior walls, roof, and sidewalks located on the Shopping Center. Tenant agrees that it will not permit or authorize any person to repair and restore go onto the roof of the building of which the Premises and/or are a part without the Property, prior written consent of Landlord. Said consent will be given only upon Landlord's satisfaction that any repairs necessitated 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 a result of Tenant's personal property, Trade Fixtures or Alterations. Notwithstanding the above, if Landlordaction will be made by Tenant, at Tenant's requestexpense, has insured Tenant's Alterations and will be made in such a manner so as provided in Section 12.2 - "Landlord's Insurance," Landlord's obligation not to repair or restore invalidate any guarantee relating to said roof. Landlord shall also include such Alterations, but only not be required to make any repairs to the extent exterior walls, roof, and sidewalks unless and until Tenant has notified Landlord receives insurance proceeds covering 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 such repair or restoration. If Landlord is required or elects to repair damage to the premises and/or the Property this Lease which shall continue in effect but be Tenant's Base Rent and responsibility as to Tenant's Proportionate Share thereof. Tenant shall pay, as Additional Rent from the date to Landlord, its Proportionate Share of the casualty through cost of said repairs and maintenance incurred by Landlord. It is agreed that by accepting possession of the date of substantial Premises, Tenant acknowledges (i) Landlord's full and final completion of the repair shall be abated with regard to any portion 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 that to Tenant is prevented from using by reason of 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 period of rental abatement shall be determined by Landlord in the exercise of its good faithcondition called for hereunder.

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, at its expense, use reasonable efforts subject 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 personal property, Trade Fixtures or Alterations. Notwithstanding the above, if Landlord, at Tenant's request, has insured Tenant's Alterations ’s reimbursement as provided in Section 12.2 - "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's Insurance," Landlord's obligation . Landlord shall not be required to repair or restore shall also include such Alterations, but only make any repairs to the extent exterior walls, roof, and sidewalks unless and until Tenant has notified Landlord receives insurance proceeds covering 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 such repair or restorationwhich shall be Tenant’s responsibility as to Tenant’s Proportionate Share thereof. If Landlord is required or elects to repair damage to the premises and/or the Property this Lease Tenant shall continue in effect but Tenant's Base Rent and pay, as Additional Rent from the date to Landlord, its Proportionate Share of the casualty through the date cost of substantial completion of the repair shall be abated with regard to any portion of the Premises that Tenant is prevented from using said repairs and maintenance incurred by reason of 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 period of rental abatement shall be determined by Landlord in the exercise of its good faithLandlord.