Landlord's Maintenance and Repairs. Landlord agrees that it shall, at its sole cost and expense, at all times during the term of this Lease:
(a) Keep, repair and maintain in good order and condition (including replacement, if necessary), the roof (including all components thereof) and the interior and exterior structural portions of the Premises, including, without limitation, the exterior walls (painted, cleaned and/or sandblasted, but excluding plate glass windows, doors, door closure devices, door frames, molding, locks and hardware); the window frames (but only to the extent repair thereto is necessitated due to settling of the building or other structural failure of the building); the foundation, structural parts of the floor; all structural members; gutters, downspouts; duct work; automated sprinkler supply line; and, electrical wiring from main circuit breaker panels (excluding the circuit breaker) to the weatherboard and extending to the public utility power sources. In addition, Landlord shall be responsible for "replacement" of major equipment, including air condition and heating equipment, upon said equipment being deemed unrepairable by a registered engineer selected by Tenant. Should Landlord elect to renovate or remodel the exterior of said Premises, Landlord may do so at Landlord's expense provided Tenant has approved the same.
(b) Make any repair or replacements which become necessary as the consequence (whether with or without any intervening act, negligence, or default under this Lease of Landlord, its employees, agents, licensees, or contractors) of a condition Landlord is required to correct, as in the case of damage to the ceiling which results from a roof leak.
(c) If Landlord fails to perform its maintenance obligations hereunder, Tenant, after thirty (30) days written notice to Landlord (or upon such notice as may be reasonable in the event of an emergency or in the event such repairs are necessary in order to avoid damage to the Tenant's merchandise or interference with the Tenant's business) may perform such unperformed maintenance at the cost of the Landlord. Tenant may offset the cost of performing the Landlord's maintenance obligations against the rent due hereunder.
(d) In the event it shall become necessary to make any emergency repair which would otherwise be required to be made by Landlord, Tenant shall use its best efforts to contact Landlord, and in the event of its inability to do so, Tenant may proceed forthwith to have the repairs made and pay the cost t...
Landlord's Maintenance and Repairs. LANDLORD shall endeavor to maintain and keep in repair the roof, foundation, structural components, and exterior walls of the Building and the Building’s common areas including the common area heating, ventilating and air conditioning, plumbing, electrical and elevator systems and shall make such repairs as become necessary after obtaining actual knowledge of the need for such repairs or upon the receipt of written notice from Tenant requesting the necessary repairs. The LANDLORD shall be responsible for the construction and completion of restroom facilities in the Building.
Landlord's Maintenance and Repairs. Landlord shall make and pay for all repairs, replacements and maintenance which are necessary for the operation of the Leased Premises, the Common Areas, and the Fixtures and Equipment, excluding repairs or maintenance necessitated by Tenant's willful acts or gross negligence. Tenant agrees to notify Landlord of any necessary repairs within a reasonable period time of its discovery. If Landlord fails to commence to perform any such maintenance, replacement and repair after five days notice from Tenant, Tenant shall have the right to undertake such maintenance, replacement and repair and to deduct any expenditures associated therewith from the rent payments due under Section 7.1 above.
Landlord's Maintenance and Repairs. Except for damage caused by the active negligence or willful misconduct of Tenant, in which event Tenant shall repair the damage, Landlord, at Landlord's sole expense, shall keep in good condition and repair the exterior walls, roof (including roof membrane), elevator shafts, footings, foundations, structural portions of load-bearing walls, structural floors and subfloors, and structural columns and beams ("Building's Structure"). Landlord, at Landlord's expense, shall keep in good condition and repair the Leased Premises' HVAC, life-safety, plumbing, electrical and mechanical systems ("Building Systems") as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas upon the Leased Premises and all parts thereof. Landlord shall commence and complete such repairs hereunder within thirty (30) days after receipt of written notice from Tenant of the need for such repairs, except in the case of an emergency, when such repairs shall be commenced and completed as soon as possible. Tenant 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 this Lease because of Landlord's failure to furnish any services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or by any other cause beyond the reasonable control of Landlord.
Landlord's Maintenance and Repairs. From and after the Commencement Date and during the Term, Landlord shall, at its own cost and expense, make all necessary structural repairs, replacements and renewals to the Premises including, but not limited to, maintaining the foundation, floor slabs, exterior walls, structural roof members and all other structural supports of such Improvements in good and sound condition. Landlord shall not, however, be obligated to make structural repairs to any capital improvements constructed by Tenant under Section 5.01 which repairs are the responsibility of Tenant under Section 2.03 above. In the event Landlord shall fail to fulfill its obligations to repair and maintain the Premises in accordance with this Section 2.04, Tenant, notwithstanding anything herein to the contrary, shall have the right, upon not less than thirty (30) days' prior written notice to Landlord (except in the case of an emergency), to make such repair and maintain the Premises at the expense of Landlord, and to deduct the cost of the same from the Base Rental that shall thereafter become due. In the event Landlord disputes the amount being offset by Tenant and Landlord prevails through arbitration pursuant to Section 12.02 hereof, Tenant shall promptly reimburse Landlord for such amount.
Landlord's Maintenance and Repairs. Landlord shall endeavor to maintain and keep in repair the roof, foundation and exterior walls of the Building and the Building heating, ventilating and air-conditioning, plumbing, mechanical, electrical and shall make such repairs as become necessary after obtaining actual knowledge of the need for such repairs.
Landlord's Maintenance and Repairs. Subject to Section 9.3 below, Landlord shall (a) maintain and keep in good order and repair the roof, foundation, exterior walls and other structural elements of the Building, the building-standard restrooms, and the Building heating, ventilating and air-conditioning, plumbing, electrical, elevator, life safety and other base building systems, and shall make such repairs as become necessary after obtaining actual knowledge of the need for such repairs, and (b) make (i) repairs which are required as a result of latent defects present in the Premises, (iii) repairs to the Premises covered by insurance carried by Landlord and (iii) repairs reasonably required with respect to common areas of the Building which Tenant is entitled to use hereunder.
Landlord's Maintenance and Repairs. Landlord shall, as part of CAM Expenses (as defined in Section 18.4), keep in good order, condition and repair the foundations, exterior walls (excluding the interior of all walls and the exterior or interior of any windows, doors, plate glass, and display windows but including repainting of the exterior walls), roof (subject to Section 9.3 below, including the repair and/or replacement, but excluding interior ceilings), and any plumbing or sewage main lines (only beyond the point at which Tenant’s plumbing or sewage lines connect to such main lines), or other utilities servicing more than one tenant of such building, except for any damage thereto caused by any act, negligence or omission of Tenant or Tenant's employees, agents, contractors or customers, and except for reasonable wear and tear and except for any structural alterations or improvements required by any governmental agency by reason of Tenant's use or occupancy of the Premises. Landlord may, in its sole and absolute discretion, retain service and/or maintenance companies or others to inspect, service and maintain the roof or other components of the Shopping Center on a regular periodic inspection and service basis. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure continues for more than thirty (30) days after Xxxxxx’s written notice to Landlord of the need of such repairs or maintenance and Landlord has made no attempt to make such repairs, unless Landlord determines such work is unnecessary and/or the responsibility of Tenant. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Xxxxxx's business arising from the making of or Landlord’s failure to make any repairs, alterations or improvements in or to any portion of the building or the Premises or in or to its fixtures, appurtenances and equipment therein.
Landlord's Maintenance and Repairs. Throughout the Term hereof, Landlord shall, at Landlord’s sole cost and expense, keep or cause to be kept the roof, foundations, exterior walls and interior and exterior load bearing walls of the Building in good order, repair and condition; notwithstanding the foregoing, Tenant shall be solely responsible to pay for any damage caused by the acts or omissions of Tenant, its employees or invitees. Landlord shall also, at Landlord’s sole cost and expense, replace the roof and heating, ventilating and air conditioning (“HVAC”) system as and when the same reach their useful life or otherwise need replacement in order to be operable. Landlord shall commence repairs and replacements as it is required to do hereunder as soon as reasonably practicable after receiving written notice from Tenant thereof.
Landlord's Maintenance and Repairs. Subject to the provisions of Articles XV and XVI hereof, and except for repairs, maintenance or replacements made necessary by the acts of Tenant, its employees, agents, customers or persons making deliveries to the Leased Premises (which repairs, maintenance or replacements shall be the responsibility of Tenant), Landlord covenants and agrees:
(a) to maintain in good order, condition replacement and repair the foundation, roof and exterior walls of the Leased Premises; and
(b) to maintain in good order, condition, replacement and repair, the conduits providing utility services for gas, electricity, sewer and water up to the Leased Premises.
