Common use of Landlord's Maintenance and Repairs Clause in Contracts

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 thereof and promptly thereafter deliver a bill xxx such repairs to Landlord. In the event the bill xxx such repairs is not paid within thirty (30) days after Landlord's receipt of such bill, Xxnant may deduct all of its costs and expenses in connection therewith from up to one-half of each monthly installment of the Fixed Rent thereafter becoming due until such sum shall be recovered in full.

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 thereof and promptly thereafter deliver a bill xxx xxxx for such repairs to Landlord. In the event the bill xxx xxxx for such repairs is not paid within thirty (30) days after Landlord's receipt of such billxxxx, Xxnant Tenant may deduct all of its costs and expenses in connection therewith from up to one-half of each monthly installment of the Fixed Rent thereafter becoming due until such sum shall be recovered in full.

Landlord's Maintenance and Repairs. Landlord agrees that it shall, at all times during the Term of this Lease, at its sole cost and expense, at all times during expense except if and to the term of this Leaseextent any such repairs are caused solely by Tenant's gross negligence or willful misconduct: (a) Keep, repair and maintain in good order and condition (including replacement, if necessary), i) the roof (including all components thereof) and the interior and exterior structural portions of the PremisesBuilding, including, without limitation, the roof; (ii) the exterior walls (painted, cleaned and/or sandblasted, but excluding plate glass windows, doors, door closure devices, door frames, molding, locks and hardware); (iii) the window frames (but only to the extent repair thereto is necessitated due to settling of the building Building or other structural failure of the building)Building) and the windows; (iv) the foundation, ; (v) structural parts of the floor; (vi) all structural members; gutters, downspouts(vii) all utility lines and related facilities which service the Leased Premises and which are located outside of the Building ; duct work; automated (viii) the automatic sprinkler supply lineline (excluding exposed sprinkler heads); and, electrical and (ix) the wiring from the 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 repairs to the Leased Premises which would otherwise be the responsibility of Tenant and which are required because of defective or replacements which become necessary as faulty installation or materials or other latent defects; (c) Make any repairs to the consequence (whether with Leased Premises caused by the acts or without any intervening act, negligence, or default under this Lease negligence of Landlord, its employees, officers, agents, licensees, invitees, contractors 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.subcontractors; (d) In Make any and all structural repairs, alterations and additions (i) which may be hereafter required by any law, ordinance, order or regulation of any public authority having jurisdiction over the event it Leased Premises (excluding any such repairs, alterations and additions if and to the extent that the same are required because of any particular use made of the Leased Premises by Tenant, which shall become be Tenant's responsibility), or (ii) which may be required or recommended by Tenant's insurance carrier if, in such carrier's professional engineering analysis and judgment, such repair, alteration or addition is necessary or advisable to prevent an increased risk of an insured loss, regardless of cause; and (e) Landlord shall replace all landscape plantings that die during the initial year of the Term for reasons not attributable to a failure on Tenant's part to make arrangements for the landscaping care described below. The Base Rent shall be proportionately abated for that period of time Tenant is deprived of the use of all or a portion of the Leased Premises while any emergency such repair is being performed. The abatement of the Base Rent shall be equal to the proportion of the floor area of Building of which would otherwise be Tenant is deprived of the use to the total square feet of floor area of the Building. All repairs, alterations or additions required to be made by LandlordLandlord under the terms of this Lease shall be commenced and completed within ten (10) days after Landlord receives written notice from Tenant of the need therefor; provided that if the work cannot reasonably be completed within ten (10) days, Tenant then Landlord shall use its best efforts have such additional time as shall be reasonably necessary, so long as Landlord has commenced the work within said ten (10)-day period and thereafter diligently proceeds to contact Landlord, and in complete the event of its inability to do so, Tenant may proceed forthwith to have the repairs made and pay the cost thereof and promptly thereafter deliver a bill xxx such repairs to Landlordsame. In the event Landlord fails or refuses to make such required repairs, alterations or additions within the bill xxx time period therefor, Tenant shall have the right (but not the obligation) to make such repairs is not paid within repair, alteration or addition and upon completion thereof, deliver an invoice for the reasonable cost thereof to Landlord for payment. Landlord shall have a period of thirty (30) days after Landlord's receipt of such billinvoice in which to pay Tenant, Xxnant failing in which, Tenant may deduct all of its costs and expenses in connection therewith the cost thereof from up to one-half of each monthly installment of the Fixed Base Rent thereafter becoming due until such sum cost, together with interest thereon at the rate of twelve percent (12%) per annum for the period from the date such cost was incurred to the date repaid, shall be recovered in full.

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 thereof and promptly thereafter deliver a bill xxx such repairs to Landlord. In the event the bill xxx such repairs is not paid within thirty (30) days after Landlord's receipt of such bill, Xxnant may deduct all of its costs and expenses in connection therewith from up to one-half of each monthly installment of the Fixed Rent thereafter becoming due until such sum shall be recovered in full.

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 thereof and xxx promptly thereafter deliver a bill xxx xxxx for such repairs to Landlord. In the event the bill xxx xxxx for such repairs is not paid within thirty (30) days after Landlord's receipt of such billxxxx, Xxnant Tenant may deduct all of its costs and expenses in connection therewith from up to one-half of each monthly installment of the Fixed Rent thereafter becoming due until such sum shall be recovered in full.

Landlord's Maintenance and Repairs. Landlord agrees that it shall, at all times during the Term of this Lease, at its sole cost and expense, at all times during expense except if and to the term of this Leaseextent any such repairs are caused solely by Tenant’s gross negligence or willful misconduct: (a) Keep, repair and maintain in good order and condition (including replacement, if necessary), i) the roof (including all components thereof) and the interior and exterior structural portions of the PremisesBuilding, including, without limitation, the roof; (ii) the exterior walls (painted, cleaned and/or sandblasted, but excluding plate glass windows, doors, door closure devices, door frames, molding, locks and hardware); (iii) the window frames (but only to the extent repair thereto is necessitated due to settling of the building Building or other structural failure of the building)Building) and the windows; (iv) the foundation, ; (v) structural parts of the floor; (vi) all structural members; gutters, downspouts(vii) all utility lines and related facilities which service the Leased Premises and which are located outside of the Building; duct work; automated (viii) the automatic sprinkler supply lineline (excluding exposed sprinkler heads); and, electrical and (ix) the wiring from the 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 repairs to the Leased Premises which would otherwise be the responsibility of Tenant and which are required because of defective or replacements which become necessary as faulty installation or materials or other latent defects; (c) Make any repairs to the consequence (whether with Leased Premises caused by the acts or without any intervening act, negligence, or default under this Lease negligence of Landlord, its employees, officers, agents, licensees, invitees, contractors 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.subcontractors; (d) In Make any and all structural repairs, alterations and additions (i) which may be hereafter required by any law, ordinance, order or regulation of any public authority having jurisdiction over the event it Leased Premises (excluding any such repairs, alterations and additions if and to the extent that the same are required because of any particular use made of the Leased Premises by Tenant, which shall become be Tenant’s responsibility), or (ii) which may be required or recommended by Tenant’s insurance carrier if, in such carrier’s professional engineering analysis and judgment, such repair, alteration or addition is necessary or advisable to prevent an increased risk of an insured loss, regardless of cause; and (e) Landlord shall replace all landscape plantings that die during the initial year of the Term for reasons not attributable to a failure on Tenant’s part to make arrangements for the landscaping care described below. The Base Rent shall be proportionately abated for that period of time Tenant is deprived of the use of all or a portion of the Leased Premises while any emergency such repair is being performed. The abatement of the Base Rent shall be equal to the proportion of the floor area of Building of which would otherwise be Tenant is deprived of the use to the total square feet of floor area of the Building. All repairs, alterations or additions required to be made by LandlordLandlord under the terms of this Lease shall be commenced and completed within ten (10) days after Landlord receives written notice from Tenant of the need therefor; provided that if the work cannot reasonably be completed within ten (10) days, Tenant then Landlord shall use its best efforts have such additional time as shall be reasonably necessary, so long as Landlord has commenced the work within said ten (10)-day period and thereafter diligently proceeds to contact Landlord, and in complete the event of its inability to do so, Tenant may proceed forthwith to have the repairs made and pay the cost thereof and promptly thereafter deliver a bill xxx such repairs to Landlordsame. In the event Landlord fails or refuses to make such required repairs, alterations or additions within the bill xxx time period therefor, Tenant shall have the right (but not the obligation) to make such repairs is not paid within repair, alteration or addition and upon completion thereof, deliver an invoice for the reasonable cost thereof to Landlord for payment. Landlord shall have a period of thirty (30) days after Landlord's receipt of such billinvoice in which to pay Tenant, Xxnant failing in which, Tenant may deduct all of its costs and expenses in connection therewith the cost thereof from up to one-half of each monthly installment of the Fixed Base Rent thereafter becoming due until such sum cost, together with interest thereon at the rate of twelve percent (12%) per annum for the period from the date such cost was incurred to the date repaid, shall be recovered in full.

Landlord's Maintenance and Repairs. 8.1.1. Subject to Paragraph 3.2, Landlord’s maintenance, repair and replacement obligations which are paid by Landlord agrees that it shalland not reimbursed by Tenant are set forth in this Paragraph 8.1. 1. Landlord, at its sole own cost and expense, at all times during shall be responsible only for (i) roof replacement, (ii) repair and replacement of the term foundation of the Building and (iii) repair and replacement of the structural elements of the Building. Tenant shall immediately give Landlord written notice of defect or need for repairs required per the terms of this Lease:, following the receipt of which Landlord shall promptly repair same or cure such defect. Landlord’s liability with respect to any defects, repairs, replacement or maintenance for which Landlord is responsible hereunder shall be limited to the cost of such repairs or maintenance or the curing of such defect, except to the extent Landlord’s failure to repair or cure the relevant item results in a default by Landlord under Paragraph 17 of this Lease. If Landlord’s failure to promptly repair as required under this Paragraph 8.1.1 following receipt by Landlord of Tenant’s notice as required above results in an emergency situation which threatens property damage or injury to persons, Tenant shall have the right, following telephonic notice to Landlord (which telephonic notice shall be followed by additional notice from Tenant to Landlord pursuant to Paragraph 24.7 as soon as reasonably practicable), to effect such repairs or other cure as is necessary (and only to the extent necessary) to cure the emergency condition; Landlord shall pay the out-of-pocket costs actually incurred by Tenant to effect such cure of the emergency condition within twenty (20) days following receipt by Landlord of an invoice therefor together with evidence in reasonable detail of the out-of-pocket costs actually incurred by Tenant to complete such repairs or other cure. If Tenant elects to make such repairs or other cure, Tenant shall complete such repairs or other cure in compliance with all Applicable Laws. Landlord shall not be deemed to be in default under this Lease for Landlord’s nonperformance of such repairs or other cure to the extent Tenant has elected to effect such repairs or other cures and has been reimbursed therefor by Landlord. Except as provided in this Paragraph 8.1.1, Tenant waives any right now or hereafter granted by law to make any repairs which are the responsibility of Landlord upon Landlord’s failure to make such repairs. 8.1.2. Subject to Xxxxxxxxx 0.0, Xxxxxxxx is responsible for performing maintenance, repairs and replacements of (ai) Keepthe exterior paved areas and curbs of the Outside Area of the parcel on which the Building is located (“Building Outside Area”), (ii) all landscaping of the Building Outside Area, (iii) the exterior walls of the Building (including painting), gutters, downspouts and roof repairs, (iv) sprinkler systems and main sewage line(s) and (v) any other maintenance, repair or replacement items normally associated with the foregoing. Landlord shall also repair, maintain and maintain replace (A) the halls, stairways, entryways and common passageways in good order sound, clean and condition serviceable condition, (including replacementB) the mechanical, if necessary), electrical and plumbing systems serving the roof (including all components thereof) and the interior and exterior structural portions of the Premises, Building including, without limitation, the elevators and heating, ventilating and air conditioning equipment, and (C) exterior walls (paintedglass breakage, 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 sourcesshall provide pest control services. In additionno event shall Landlord be required to repair or replace any interior windows within the Premises, Landlord any interior doors located within the Premises or any office entries. The foregoing costs and expenses of such repair, replacement, maintenance and other such items shall be included as part of Operating Expenses and Tenant shall be responsible for "replacement" paying its proportionate share thereof. The amount 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 ’s rental obligation set forth 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 Paragraph 1.10 does not include increases 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 such items above such costs allocable to the Base Year and Landlord. Tenant may offset the cost ’s performance of performing the Landlord's repair, replacement, 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 Landlordand other items, 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 thereof and promptly thereafter deliver a bill xxx such repairs to Landlord. In the event the bill xxx such repairs is not paid within thirty (30) days after Landlord's receipt a condition to payment of such bill, Xxnant may deduct all of its costs and expenses in connection therewith from up to one-half of each monthly installment of the Fixed Rent thereafter becoming due until such sum shall be recovered in fullrental obligations.

Landlord's Maintenance and Repairs. During the Term, Landlord agrees that it shallwill operate and maintain the Common Areas in compliance with all applicable Laws and consistent with the maintenance and operation of other similar buildings in the vicinity of the Building. During the Term, at its sole cost and expenseLandlord shall also, at all times during times, keep and maintain the term of this Lease: (a) Keep, Building’s Structure and Building’s Systems in good repair and maintain in good working order and, as necessary, make repairs to and condition perform maintenance upon the Building’s Structure and Building’s Systems; provided that the costs of such maintenance and repairs will be included as Common Area Expenses to the extent permitted by Section 1.2(d) above. As used herein, “Building’s Structure” means the Building’s exterior walls, roof, elevator shafts (including replacement, if necessaryany), the roof (including all components thereof) and the interior and exterior footings, foundations, structural portions of load-bearing walls, structural floors and subfloors, and structural columns and beams. As used herein “Building’s Systems” means the Premises’ and Building’s HVAC, includinglife-safety, without limitationplumbing, electrical, and mechanical systems. Notwithstanding anything contained herein to the exterior walls (paintedcontrary, cleaned and/or sandblastedLandlord will, but excluding plate glass windowsat a minimum, doors, door closure devices, door frames, molding, locks and hardware); repair the window frames (but only Building to the extent repair thereto is necessitated due of any applicable manufacturer’s or contractor’s warranties covering such repairs. Landlord shall not be required to settling make any improvements, replacements or repairs of the building any kind 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) character to the weatherboard and extending Premises or the Property during the Term except as set forth in this Section. Except to the public utility power sources. In additionextent caused by the willful misconduct or grossly negligent act or omission or breach of this Lease by Landlord or its agents or employees, Landlord shall not be responsible liable to Tenant for "replacement" any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of major equipmentRent by reason of any repairs, including air condition alterations or additions made by Landlord under this Lease. Notwithstanding the foregoing, subject to Section 9.3 and heating equipment11.1, upon said equipment being deemed unrepairable by a registered engineer selected by Tenant. Should Landlord elect to renovate or remodel the exterior cost 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 replace necessitated by damage caused by the consequence (whether with acts or without any intervening act, negligence, or default under this Lease omissions of LandlordTenant, its employees, agents, licenseesemployees or invites, 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 thereof and promptly thereafter deliver a bill xxx such repairs to Landlord. In the event the bill xxx such repairs is not paid within thirty (30) days after Landlord's receipt of such bill, Xxnant may deduct all of its costs and expenses in connection therewith from up to one-half of each monthly installment of the Fixed Rent thereafter becoming due until such sum replacement shall be recovered in fullthe responsibility of Tenant.

Landlord's Maintenance and Repairs. (a) Subject to the provisions of subdivision (c) of this Section 9.0, Landlord agrees shall perform all exterior painting (at such intervals as Landlord deems appropriate), maintain the landscaping on the Real Estate, remove snow accumulations from the roof (if deemed necessary by Landlord) and from any parking lot serving occupants of the Building, and, to the extent that it shallthe same are of service or benefit to or are used by more than one of the rental units in the Building, perform necessary maintenance, repairs, replacements, inspections and testing on such portions of the Real Estate (including but not limited to exterior lights, roof and storm drains, grounds maintenance, landscaping, and driveways, parking areas and walkways, and on any portion of the mechanical, electrical and HVAC equipment and/or systems thereon that are of such service or benefit (including, but not limited to, the water, sewer, fire prevention and sprinkler systems) (for example, Landlord's obligations under this Section 9.0(a) extend to portions of the Building's sprinkler mains that serve more than one unit in Building but do not extend to portions of the sprinkler system that are wholly within the Leased Premises and do not service any other unit in the Building, such as a sprinkler head or perhaps a sprinkler branch pipe). Except as expressly set forth herein, all costs, disbursements and expenses incurred by Landlord in fulfilling its obligations under Section 9.0(a) shall be included in Operating Expenses under Section 3.1 hereof (b) Landlord shall have the right but not the obligation to repair any damage to any portion of the improvements located on the Real Estate caused by or resulting from any act or omission or negligence of Tenant, its agents, employees, contractors, customers and/or invitees. Tenant shall reimburse Landlord for Landlord's costs and expenses incurred for repairs or replacements made pursuant to this Section 9.0(b) within ten (10) days after Tenant's receipt of a written demand from Landlord in respect thereof. (c) Landlord shall at its sole cost and expense keep and maintain the roof and structural soundness of the exterior walls of the Leased Space in good condition and repair, reasonable wear and tear excepted; these being the only components of the Building or the Real Estate as to which Landlord's maintenance shall be at its sole cost and expense. The term "walls" as used in this subdivision (c) shall not include windows, 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 glass or plate glass windowsglass, 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 special store fronts 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 sameoffice entries. (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 thereof and promptly thereafter deliver a bill xxx such repairs to Landlord. In the event the bill xxx such repairs is not paid within thirty (30) days after Landlord's receipt of such bill, Xxnant may deduct all of its costs and expenses in connection therewith from up to one-half of each monthly installment of the Fixed Rent thereafter becoming due until such sum shall be recovered in full.