Landlord’s Maintenance and Repair Obligations. Landlord shall, subject to receiving Tenant's Share of Operating Expenses in excess of the Operating Expense Base, and subject to Section 9.2, Article XII and Article XII, maintain in good condition and repair the roof (excluding any skylights, but including as needed any replacement thereof), exterior walls and foundation of the Building, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole discretion. Landlord shall also provide maintenance and repair services to the electrical, plumbing, and mechanical systems serving the Premises. Landlord shall not be required to make any repairs to the roof, exterior walls, foundation or any systems within the Premises unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, except that repairs which Landlord deems arise out of any act or omission of Tenant or Tenant's Agents shall be made at the expense of Tenant. Landlord's obligation to so repair and maintain the Premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.
Appears in 2 contracts
Samples: Cupertino Master Lease Agreement (Adforce Inc), Cupertino Master Lease Agreement (Adforce Inc)
Landlord’s Maintenance and Repair Obligations. Landlord shall, subject to receiving Tenant's Share of Operating Expenses in excess of the Operating Expense Base, and subject to Section 9.2, Article XII and Article XIIXIII, maintain in good condition and repair the roof (excluding any skylights, but including as needed any replacement thereof)roof, exterior walls and foundation of the Building, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole ’s reasonable discretion. Landlord shall also provide maintenance and repair services to the electrical, plumbing, and mechanical systems serving the Building, the Common Areas and the Premises. Landlord shall not be required to make any repairs to the roof, exterior walls, foundation or any systems within the Premises unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, except that repairs which Landlord deems arise out of any act or omission of Tenant or Tenant's ’s Agents shall be made at the expense of Tenant. Landlord's ’s obligation to so repair and maintain the Premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.
Appears in 2 contracts
Samples: Office Lease (Eargo, Inc.), Office Lease (Eargo, Inc.)
Landlord’s Maintenance and Repair Obligations. Landlord shall, subject to receiving Tenant's ’s Share of Operating Expenses in excess of the Operating Expense Base, and subject to Section 9.2, Article XII and Article XIIXIII, maintain in good condition and repair the roof (excluding any skylights, but including as needed any replacement thereof)roof, exterior walls and foundation of the Building, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's ’s sole discretion. Landlord shall also provide maintenance and repair services to the base building electrical, plumbing, and mechanical systems serving the Premises. Landlord shall not be required to make any repairs to the roof, exterior walls, foundation or any systems within the Premises unless and until Tenant Xxxxxx has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, except that repairs which Landlord deems arise out of any act or omission of Tenant or Tenant's ’s Agents shall be made at the expense of Tenant. Landlord's ’s obligation to so repair and maintain the Premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.
Appears in 1 contract
Samples: Standard Form Office Lease (Flitways Technology Inc.)
Landlord’s Maintenance and Repair Obligations. Landlord shall, subject to receiving Tenant's Share of Operating Expenses in excess of the Operating Expense BaseExcess Project Costs and Excess Real Property Taxes, and subject to Section 9.2, Article XII and Article XIIXIII, maintain in good condition and repair the roof (excluding any skylights, but including as needed any replacement thereof)roof, exterior walls and foundation of the Building, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole reasonable discretion. Landlord shall also provide maintenance and repair services to the electrical, plumbing, and mechanical systems serving the Premises. Landlord shall not be required to make any repairs to the roof, exterior walls, foundation or any systems within the Premises unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, except that repairs which Landlord deems arise out of any act or omission of Tenant or Tenant's Agents shall be made at the expense of Tenant. Landlord's obligation to so repair and maintain the Premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.
Appears in 1 contract
Samples: Form Office Lease (8x8 Inc /De/)
Landlord’s Maintenance and Repair Obligations. Landlord shall, subject to receiving Tenant's Share of Operating Expenses in excess of the Operating Expense Baseexcept as set forth herein, and subject to Section 9.2, Article XII 12 and Article XII13, maintain in good condition condition, repair and repair replace (when necessary) the roof (excluding any skylights, but including as needed any replacement thereof), exterior walls wails and foundation of the Building, provide normal maintenance services for the HVAC serving the Building (including, if Landlord in its sole discretion elects, repair, replacement or maintenance of any specialized HVAC exclusively serving the Premises) through maintenance contracts contractors or otherwise, and paint the exterior of the Building and clean the exterior windows (as reasonably requested by Tenant from time to time) of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole discretion. Landlord shall also provide maintenance and repair services to the electrical, plumbing, and mechanical systems serving the Premises. Landlord shall not be required to make any repairs to the roof, exterior walls, roof or foundation or any systems within the Premises unless and until Tenant has notified Landlord in writing of the need of such repair(unless Landlord is otherwise made aware of the need for such repair repair) and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, except that repairs which Landlord deems arise out of any act or omission of Tenant or Tenant's Agents shall be made at the expense of TenantOperating Expenses. Landlord's obligation to so repair and maintain the Premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.
Appears in 1 contract
Samples: Lease (Broadcom Corp)
Landlord’s Maintenance and Repair Obligations. Landlord shall, subject to receiving Tenant's ’s Share of Operating Expenses in excess of the Operating Expense BaseExpenses, and subject to Section 9.2, Article XII and Article XIIXIII, maintain in good condition and repair the roof (excluding any skylights, but including as needed any replacement thereof), exterior walls and foundation of the Building, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's ’s sole discretion. Landlord shall also provide maintenance and repair services to the electrical, plumbing, and mechanical systems serving the Premises. Landlord shall not be required to make any repairs to the roof, exterior walls, foundation or any systems within the Premises unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, except that repairs which Landlord deems arise out of any act or omission of Tenant or Tenant's ’s Agents shall be made at the expense of Tenant. Landlord's ’s obligation to so repair and maintain the Premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.
Appears in 1 contract
Samples: Form Lease (Adept Technology Inc)