LANDLORD'S MAINTENANCE Clause Samples

LANDLORD'S MAINTENANCE. Landlord shall maintain and repair (i) the roof, foundation and the structural soundness of the exterior walls of the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions.

LANDLORD'S MAINTENANCE. Landlord agrees to keep the roof, floor, foundation and exterior walls of the Building (excluding plate glass, windows, window frames, doors and door frames) in proper repair, including without limitation the repair of any leaks in the roof, provided that in each case Tenant shall have notified Landlord of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the negligence or willful misconduct of Tenant, its employees, agents, contractors and invitees. Except as provided for hereinabove and for damage caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall not be responsible for repairing any damage to, or performing any maintenance upon, the Property. Notwithstanding the foregoing, Landlord shall be responsible for replacing all base building equipment and operating systems in the Building, including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, to the extent same are not repairable; provided, however, that Landlord may amortize the cost of any such replacement over the useful life of any such replaced equipment and charge through to Tenant, as additional rent, the amortizable portion thereof applicable to the remaining term of the Lease without regard to any unexercised renewal terms (except that Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (20) days of Tenant's receipt thereof with reasonable supporting documentation.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02, Landlord shall maintain the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system of the Building in good, clean and safe condition, and shall use reasonable efforts, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, Landlord shall have no responsibility to repair the Building’s standard heating, ventilation and air conditioning equipment exclusively serving the Premises, and all such repairs shall be performed by Tenant pursuant to the terms of Section 8.02. Landlord shall also (a) maintain the landscaping, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Subject to Landlord’s obligations pursuant to Section 1 of Exhibit B attached hereto, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. Any entry or work by Landlord may be during normal business hours and Landlord shall use reasonable efforts to ensure that any entry or work shall not materially interfere with Tenant’s occupancy of, or access to, the Premises.

LANDLORD'S MAINTENANCE. Except as provided in Section 13 captioned "Tenant's Maintenance; Remedies," Section 23 captioned "Destruction" and Section 24 captioned "Condemnation" and except for damage caused by any negligent or intentional act or omission of Tenant or its authorized representatives, Landlord shall maintain in good condition and repair the following: (i) the structural parts of the Building, which structural parts include only the foundations, bearing and exterior walls (excluding glass and doors), subflooring and roof, (ii) the building standard lighting fixtures, window coverings and ceiling tiles and the unexposed electrical, plumbing and sewage systems, including, without limitation, those portions lying outside the Premises, (iii) the heating, ventilating and air-conditioning system, if any, servicing the Building, (iv) the lobbies, corridors, elevators, public or common restrooms and other common areas of the Building, and (v) the sidewalks, grounds, landscaping, parking and loading areas, if any, and other common areas of the Property.

LANDLORD'S MAINTENANCE. Subject to the provisions of Articles Four, Fourteen and Fifteen, Landlord shall maintain and make necessary repairs to the foundations, roofs, exterior walls, and the structural elements of the Building (which costs shall not be included in Operating Expenses except to the extent qualifying as a Permitted Capital Expenditure), and, subject to inclusion in Operating Expenses, the electrical, plumbing, heating, ventilating, air-conditioning, mechanical, communication, security and the fire and life safety systems of the Building and those corridors, washrooms and lobbies which are Common Areas of the Building, except that: (a) Landlord shall not be responsible for the maintenance or repair of any floor or wall coverings in the Premises or any of such systems which are located within the Premises and are supplemental or special to the Building’s standard systems; and (b) the cost of performing any of said maintenance or repairs whether to the Premises or to the Building caused by the negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, shall be paid by Tenant, subject to the waivers set forth in Section 16.4. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or in connection with the use of, any adjacent or nearby building, land, street or alley.

LANDLORD'S MAINTENANCE. Subject to the provisions of Articles 4 and 14, Landlord shall, as an Operating Expense, maintain and make necessary repairs to the foundations, roofs, exterior walls, and the structural elements of the Building, the electrical, plumbing, heating, ventilating, air‑conditioning, mechanical, communication, security and the fire and life safety systems of the Building and those corridors, washrooms and lobbies which are Common Areas of the Building, except that: (a) Landlord shall not be responsible for the maintenance or repair of any floor or wall coverings in the Premises or any of such systems which are located within the Premises and are supplemental or special to the Building’s standard systems; and (b) the cost of performing any of said maintenance or repairs whether to the Premises or to the Building caused by the negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, shall be paid by Tenant, subject to the waivers set forth in Section 16.4. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or in connection with the use of, any adjacent or nearby building, land, street or alley. Notwithstanding the foregoing to the contrary, to the extent such expense, injury, loss or damage is caused by the gross negligence or willful misconduct by Landlord, the property manager, the leasing manager for the Property and their respective partners, members, directors, officers, agents and employees, then Tenant shall be entitled, as its sole remedy, to pursue an action for actual damages (but not punitive, consequential, exemplary, treble or special damages) against Landlord. In no event shall Tenant be entitled to any abatement of Rent or the right to terminate this Lease due to any such expense, injury, loss or damage.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02, Landlord shall maintain the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system of the Building in good, clean and safe condition. Notwithstanding the foregoing, Landlord shall have no responsibility to perform preventive maintenance or service for, or to repair any heating, ventilation and air conditioning equipment and systems serving the Premises (“HVAC”), and all such preventive maintenance, service, and repairs shall be performed by Tenant pursuant to the terms of Section 8.02. Landlord shall also (a) maintain the landscaping, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17, Landlord shall keep in good working order, test, and maintain the foundation and other structural components, roof and exterior envelope of the Building, Common Areas, all equipment installed, owned, or operated by Landlord outside of the Premises, including the building standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines of the Building serving the Premises (including but not limited to the major Landlord systems such as generators, including the generators supporting Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord in the operation of the Project, the Garage, and the driveways, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth in this Section 8.1 require access to or through the Premises, except in the event of emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations in the Premises; provided, however, Landlord may access areas within the Project through the Premises for the purpose of performing routine repairs and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and maintenance.

LANDLORD'S MAINTENANCE. Except as otherwise provided herein, Landlord shall be responsible for maintenance and repair of the roof and structural system of the Building except for damage caused by Tenant or its employees, licensees, or invitees. Landlord shall be responsible for maintenance and repair of the building structure of the Entire Facility 6.