Common use of Landlord’s Maintenance and Repair Obligations Clause in Contracts

Landlord’s Maintenance and Repair Obligations. Except as otherwise provided in the Lease, and except for damage caused by any act or omission of Tenant, its employees, contractors, invitees, or agents, Landlord shall maintain the foundation, roof, and structural portions of the exterior walls (collectively, the "Project's Structure") in good order, condition, and repair; however, Landlord shall neither be responsible nor liable for 1) any such work until Tenant delivers to Landlord written notice of the need for such work, or 2) alterations to the Project's Structure required by law because of Tenant's use of the Premises (which alterations shall be performed by Tenant). The Project's Structure does not include skylights, windows, glass, plate glass, doors, special storefronts, office entries, or the interior surfaces of walls within the Premises, all of which shall be maintained by Tenant. All requests for repairs or maintenance that are the responsibility of Landlord must be made in writing to Landlord, and Landlord shall have a reasonable time within which to perform such repairs or maintenance. Landlord shall not be liable to Tenant for any damages or inconvenience, and Tenant shall not be entitled to any damages, nor to any abatement or reduction of rent, by reason of any repairs, alterations, or additions made by Landlord under the Lease. Landlord's liability for any defects, repairs, replacement, or maintenance for which Landlord is responsible under the Lease shall be limited to the cost of performing such work. Nothing in this provision shall entitle Tenant to make any repairs, alterations, or additions to the Premises at Landlord's expense, or to terminate the Lease based on the physical condition of the Premises. Tenant hereby expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, or to terminate the Lease because of Landlord's failure to keep the Premises or the Project in good order, condition, and repair.

Landlord’s Maintenance and Repair Obligations. Except as otherwise provided in the LeaseLandlord shall, subject to receiving Tenant's Share of Operating Expenses, and except subject to Section 9.2, Article XII and Article XIII, 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 damage caused by any act the HVAC serving the Building through maintenance contracts or omission otherwise, and paint the exterior of Tenantthe Building and clean the exterior windows of the Building as and when such painting or window cleaning, its employeesas the case may be, contractors, invitees, or agents, becomes necessary in Landlord's sole discretion. Landlord shall maintain also provide maintenance and repair services to the foundationelectrical, 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 structural portions of the exterior walls (collectively, the "Project's Structure") in good order, condition, and repair; however, Landlord shall neither be responsible nor liable for 1) any such work until Tenant delivers to has notified Landlord written notice in writing of the need for such work, or 2) alterations to the Project's Structure required by law because of Tenant's use of the Premises (which alterations shall be performed by Tenant). The Project's Structure does not include skylights, windows, glass, plate glass, doors, special storefronts, office entries, or the interior surfaces of walls within the Premises, all of which shall be maintained by Tenant. All requests for repairs or maintenance that are the responsibility of Landlord must be made in writing to Landlord, repair and Landlord shall have a reasonable period of time within which thereafter to perform such repairs or maintenancecommence and complete said repair, if warranted. Landlord shall not be liable to Tenant for any damages or inconvenience, and Tenant shall not be entitled to any damages, nor to any abatement or reduction of rent, by reason The cost of any repairsmaintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, alterations, except that repairs which Landlord deems arise out of any act or additions omission of Tenant or Tenant's Agents shall be made by Landlord under at the Leaseexpense of Tenant. Landlord's liability for any defects, repairs, replacement, or maintenance for which Landlord is responsible under obligation to so repair and maintain the Lease Premises shall be limited to the cost of performing effecting such work. Nothing repair and maintenance and in this provision no event shall entitle Tenant to make Landlord be liable for any repairscosts or expenses in excess of said amounts, alterationsincluding, but not limited to, any consequential damages, opportunity costs or additions to the Premises at Landlord's expense, lost profits incurred or to terminate the Lease based on the physical condition of the Premises. Tenant hereby expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, or to terminate the Lease because of Landlord's failure to keep the Premises or the Project in good order, condition, and repairsuffered by Tenant.

Landlord’s Maintenance and Repair Obligations. Except as otherwise provided Landlord shall, subject to receiving Tenant's Share of Operating Expenses in excess of the LeaseProject Expense Base, and except subject to Section 9.2, Article XII and Article XIII, maintain in good condition and repair the roof structure and membrane (including any skylights, and including as needed any replacement thereof), exterior walls, exterior entrances and foundation of the Building, provide normal maintenance services for damage caused by any act the HVAC serving the Building through maintenance contracts or omission otherwise, and paint the exterior of Tenantthe Building and clean the exterior windows of the Building as and when such painting or window cleaning, its employeesas the case may be, contractors, invitees, or agents, becomes necessary in Landlord's sole discretion. Landlord shall maintain also provide maintenance and repair services to the foundationautomatic and manual fire extinguisher equipment, roofsuch as sprinkler systems and alarms, electrical, plumbing, manual fire extinguishers and structural mechanical systems serving the Premises and the interior portions of the exterior walls (collectively, the "Project's Structure") in good order, condition, and repair; however, Common Area. Landlord shall neither not be responsible nor liable for 1) required to make any such work unscheduled or unanticipated repairs to the roof, exterior walls, exterior entrances, foundation or any systems within the Premises unless and until Tenant delivers to has notified Landlord written notice in writing of the need for such work, or 2) alterations to the Project's Structure required by law because of Tenant's use of the Premises (which alterations shall be performed by Tenant). The Project's Structure does not include skylights, windows, glass, plate glass, doors, special storefronts, office entries, or the interior surfaces of walls within the Premises, all of which shall be maintained by Tenant. All requests for repairs or maintenance that are the responsibility of Landlord must be made in writing to Landlord, repair and Landlord shall have a reasonable period of time within which thereafter to perform such repairs or maintenancecommence and complete said repair, if warranted. Landlord shall not be liable to Tenant for any damages or inconvenience, and Tenant shall not be entitled to any damages, nor to any abatement or reduction of rent, by reason The cost of any repairsmaintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Operating Expenses, alterations, except that repairs which Landlord deems arise out of any act or additions omission of Tenant or Tenant's Agents shall be made by Landlord under at the Leaseexpense of Tenant. Landlord's liability for any defects, repairs, replacement, or maintenance for which Landlord is responsible under obligation to so repair and maintain the Lease Premises shall be limited to the cost of performing effecting such work. Nothing repair and maintenance and in this provision no event shall entitle Tenant to make Landlord be liable for any repairscosts or expenses in excess of said amounts, alterationsincluding, but not limited to, any consequential damages, opportunity costs or additions to the Premises at Landlord's expense, lost profits incurred or to terminate the Lease based on the physical condition of the Premises. Tenant hereby expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, or to terminate the Lease because of Landlord's failure to keep the Premises or the Project in good order, condition, and repairsuffered by Tenant.

Landlord’s Maintenance and Repair Obligations. Except This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations during the Term as otherwise provided in may be extended shall consist of only the Leasereplacement and repair of the Building’s roof, maintenance and except for damage caused by any act or omission repair of Tenant, its employees, contractors, invitees, or agents, Landlord shall maintain the foundation, roofany common areas, including but not limited to the elevators, lobbies and restrooms, maintenance of the Land (including but not limited to the maintenance and replacement of landscaping, Parking Areas, and sidewalks), portions of systems servicing the Building to the extent not exclusively servicing the Premises, and maintenance of the structural portions members of the exterior walls (collectively, collectively the "Project's Structure"“Building’s Structure and Common Areas“) in good order, condition, and repair; however, shall operate the Building consistent with similar first class office/industrial buildings within a ten (10) mile radius of the Building. Landlord shall neither be responsible nor liable for ensuring that the Building’s Structure and Common Areas comply with local building code and other governmental agency requirements including ADA requirements (unless caused to be out of compliance by the initial or any subsequent Tenant alterations). Landlord shall not be responsible for: (1) any such work non-routine or latent maintenance until Tenant delivers to Landlord written notice of the need for such workmaintenance, or (2) such alterations to the Project's Building’s Structure and Common Areas required by law Law because of Tenant's ’s particular use of all or a portion of the Premises as opposed to use for normal and customary business office or assembly operations (which all alterations shall be performed by Tenant). The Project's Structure does not include , or (3) repairs to skylights, windows, glass, glass or plate glass, doors, special storefronts, storefronts or office entries, or the interior surfaces of walls within the Premises, all of which shall be maintained by Tenant. All requests Except for repairs or maintenance that are maintaining the responsibility of Landlord must be made in writing to LandlordBuilding's Structure and Common Areas, and Landlord shall have a reasonable time within which to perform such repairs or maintenance. Landlord shall not be liable required to Tenant for any damages maintain or inconvenience, and Tenant shall not be entitled to any damages, nor to any abatement or reduction of rent, by reason of any repairs, alterations, or additions made by Landlord under the Lease. Landlord's liability for any defects, repairs, replacement, or maintenance for which Landlord is responsible under the Lease shall be limited to the cost of performing such work. Nothing in this provision shall entitle Tenant to make any repairs, alterations, or additions to the Premises repair at Landlord's expense, or to terminate the Lease based on the physical condition expense any other portion of the Premises. LANDLORD’S LIABILITY FOR ANY DEFECTS, REPAIRS, REPLACEMENT OR MAINTENANCE FOR WHICH LANDLORD IS RESPONSIBLE UNDER THIS LEASE SHALL BE LIMITED TO THE COST OF PERFORMING SUCH WORK. Tenant hereby expressly waives the benefits shall give Landlord notice of any statute now or hereafter in effect which would otherwise afford Tenant repairs as may be required hereunder and Landlord shall proceed to promptly make such repairs, subject to weather conditions and other reasonable factors. Subject to the right provisions contained herein relating to make repairs at Landlord's expenseforce majeure, or to terminate the Lease because of Landlord's failure to keep the Premises or the Project in good order, conditioncondemnation, and repair.casualty, and provided further that Tenant is not then if default, Tenant shall have the following self help rights to perform Landlord’s duties under the Lease:

Landlord’s Maintenance and Repair Obligations. Except as otherwise provided in the Lease, and except for damage caused by any act or omission of Tenant, its employees, contractors, invitees, or agents, Landlord shall maintain the foundation, roof, and structural portions of the exterior walls (collectively, the "ProjectBuilding's Structure") in good order, condition, and repair; however, Landlord shall neither not be responsible nor liable for 1) any such work until Tenant delivers to Landlord written notice of the need for such work, or 2) alterations to the ProjectBuilding's Structure required by law because of TenantXxxxxx's use of the Premises (which alterations shall be performed by Tenant). The ProjectBuilding's Structure does not include skylights, windows, glass, plate glass, doors, special storefronts, office entries, or the interior surfaces of walls within the Premiseswalls, all of which shall be maintained by Tenant. All requests for repairs or maintenance that are the responsibility of Landlord must be made in writing to Landlord, and Landlord shall have a reasonable time within which to perform such repairs or maintenance. Except to the extent arising from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any damages or inconvenience, and Tenant shall not be entitled to any damages, nor to any abatement or reduction of rent, by reason of any repairs, alterations, or additions made by Landlord under the Lease. To the extent Landlord is liable under the preceding sentence, Landlord's liability for any defects, repairs, replacement, or maintenance for which Landlord is responsible under the Lease shall be limited to the cost of performing such work. Nothing in this provision shall entitle Tenant to make any repairs, alterations, or additions to the Premises at Landlord's expense, or to terminate the Lease based on the physical condition of the Premises. Tenant hereby expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, or to terminate the Lease because of Landlord's failure to keep the Premises or the Project Building in good order, condition, condition and repair. However, in the event Tenant provides Landlord with written notice in accordance with this Lease and telephonic notice to Xxxxxxxx's property manager of the need for non-structural or non-systems related repairs or maintenance, but Landlord fails to commence the repair or maintenance work thirty (30) days after being notified, then Tenant shall have the right, but not the obligation, to perform the needed maintenance and repairs after giving a second notice in writing to Landlord in accordance with this Lease and by telephone to Xxxxxxxx's property manager, and, in such event, Landlord shall reimburse Tenant for the reasonable, out-of-pocket costs of such repairs and maintenance. Any such costs shall be payable to Tenant within thirty (30) days after receipt by Landlord of written invoice and notice from Tenant.

Landlord’s Maintenance and Repair Obligations. Except as otherwise provided 10.1 Landlord shall keep and maintain the following in the Leasea clean, safe, good and orderly condition, and make all the necessary repairs thereto: (i) structural elements of the Property; (ii) all sprinkler, mechanical, hot water, HVAC (except for damage caused by the HVAC exclusively serving the Premises), plumbing, electrical, and fire/life safety systems serving the Property, and the appurtenances thereto; (iii) Common Areas; (iv) roof of the Property; (v) exterior windows of the Property; and (vi) elevators serving the Property. 10.2 Landlord shall also make any act repairs required due to water leakage or omission any other emergency repairs for the Premises. The term “emergency repair” shall include all replacements, renewals, alterations, additions, betterments, and capital expenses necessary to (i) protect the health or safety of Tenantthe employees, its employeesagents, contractors, licensees, invitees, and guests of Tenant; or agents, (ii) prevent risk to the Premises. 10.3 Landlord shall maintain begin any repairs required for the foundationmechanical, roofelectrical, and structural portions or plumbing systems, or any repairs required under Section 10.2, within twenty-four (24) hours after receiving written notice from Tenant. Landlord shall use commercially reasonable efforts for all of the exterior walls (collectivelyother repair and maintenance obligations described in this Section 10. 10.4 If Landlord fails to meet its repair and maintenance obligations under this Section 10, the "Project's Structure") in good orderthen Tenant may, conditionat its option and with Landlord’s prior written consent, and repair; however, Landlord shall neither be responsible nor liable for 1) any such work until Tenant delivers to Landlord written notice of the need for such work, or 2) alterations to the Project's Structure required by law because of Tenant's use of the Premises (which alterations shall be performed by Tenant). The Project's Structure does not include skylights, windows, glass, plate glass, doors, special storefronts, office entries, or the interior surfaces of walls within the Premises, all of which shall be maintained by Tenant. All requests for repairs or maintenance that are the responsibility of Landlord must be made in writing to Landlord, and Landlord shall have a reasonable time within which to perform such obligations and deduct the resulting expenses from its future rental payment after providing Landlord with a certified invoice detailing the repairs or maintenance. made and the expenses incurred. 10.5 Notwithstanding the preceding provisions, Landlord shall not be liable to Tenant responsible for any damages or inconvenience, and Tenant shall not be entitled to any damages, nor to any abatement or reduction the making of rent, by reason of any repairs, alterationsrepairs necessitated by, or additions made by Landlord under for the Leaserepair costs or other damages caused by, the negligence or willful misconduct of Tenant or Tenant’s employees or agents. Landlord's liability for any defectsNothing herein shall be deemed, repairs, replacementconstrued, or maintenance for which Landlord is responsible under the Lease shall be limited to the cost of performing such work. Nothing in this provision shall entitle asserted as Tenant to make waiving its sovereign immunity or waiving any repairslimits established by Section 768.28, alterations, or additions to the Premises at Landlord's expense, or to terminate the Lease based on the physical condition of the Premises. Tenant hereby expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, or to terminate the Lease because of Landlord's failure to keep the Premises or the Project in good order, condition, and repairFlorida Statutes.