Common use of Landlord’s Maintenance Obligation Clause in Contracts

Landlord’s Maintenance Obligation. (a) Subject to the provisions of Section 8 and 13 below, and except for damage caused by any act or omission of Tenant, or Tenant’s employees, agents, contractors or invitees (unless such repair is of the type that would be covered by the insurance Landlord is required to maintain under this Lease in which case Tenant shall not be obligated to reimburse Landlord therefor), Landlord shall keep the foundation, roof, and structural and exterior walls of the Building in good order, condition and repair. Landlord shall not be obligated to maintain or repair any Building Systems, or any windows, doors, plate glass or the surfaces of walls within or making up any part of the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair at its own expense. Tenant waives the benefit of any present or future law which provides Tenant the right to repair the Premises or Property at Landlord’s expense (but Tenant shall have the self help rights provided in Section 6.1(b) below). If as a direct result of any maintenance or repair work performed by Landlord pursuant to this Section 6.1(a) or any other work performed by Landlord on or within the Premises (except in connection with the provisions of Section 6.2 below), Tenant is prevented from using and does not use the Premises or any portion thereof and (“Abatement Event”), Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as defined below), then the Base Rent shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using and does not use the Premises or a portion thereof, in the proportion that the square footage of that portion of the Premises that Tenant is prevented from using and does not use bears to the total square footage of the Premises. The term “

Landlord’s Maintenance Obligation. Landlord agrees that it shall, at its own cost and expense (a) Subject to unless the provisions need arises out of Section 8 and 13 belowthe act, and except for damage caused by any act omission, negligence or omission willful misconduct of Tenant, or Tenant’s employees, its agents, contractors employees or invitees contractors, in which event, the same shall be performed at Tenant's expense), (unless such repair is i) keep the structural portions of the type that would be covered by roof, the insurance Landlord is required to maintain under this Lease in which case Tenant shall not be obligated to reimburse Landlord therefor)exterior and load bearing walls, Landlord shall keep the foundation, roof, the structural columns and structural and exterior walls floor slabs of the Building and the structural integrity of the parking lot in good substantially the same order, condition and repairrepair as same are in on the date of this Lease, reasonable use and wear, fire and other casualty excepted, and (ii) replace the septic system as necessary provided Tenant has performed its obligations hereunder with respect thereto. Landlord shall not be obligated liable to maintain Tenant for any compensation or repair reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any Building Systemspurposes in this Lease authorized, or any windows, doors, plate glass or the surfaces of walls within or making up any part of the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair at its own expense. Tenant waives the benefit of any present or future law which provides Tenant the right to repair the Premises or Property at Landlord’s expense (but Tenant shall have the self help rights provided in Section 6.1(b) below). If as a direct result of any maintenance or repair work performed by Landlord pursuant to this Section 6.1(a) or any other work performed by Landlord on or within the Premises (except in connection with the provisions of Section 6.2 below), Tenant is prevented from using and does not use for repairing the Premises or any portion thereof and (“Abatement Event”)of the Building however the necessity may occur. In case Landlord is prevented or delayed from making any repairs, Tenant shall give Landlord notice (“Abatement Notice”) alterations or improvements, or performing any other covenant or duty to be performed on Landlord's part, by reason of any such Abatement Eventcause reasonably beyond Landlord's control, and if such Abatement Event continues beyond including, without limitation, strike, lockout, breakdown, accident, order or regulation of or by any Governmental authority, or failure of supply, or inability by the “Eligibility Period” (as defined below)exercise of reasonable diligence to obtain supplies, then the Base Rent parts or employees, or because of war or other emergency, or for any cause due to any act or neglect of Tenant or Tenant's servants, agents, employees, licensees or any person claiming by, through or under Tenant, Landlord shall not be abated entirely liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduced, as the case may be, after expiration reduction of the Eligibility Period for such time that Tenant continues to be so prevented from using and does not use the Premises or a portion rent by reason thereof, nor shall the same give rise to a claim in the proportion Tenant's favor that the square footage of that portion of the Premises that Tenant is prevented such failure constitutes actual or constructive, total or partial, eviction from using and does not use bears to the total square footage of the Premises. The term “Landlord reserves the right to stop any service or utility system serving the Premises, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall exercise reasonable diligence to limit the duration of such stoppage. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage.

Landlord’s Maintenance Obligation. (a) Subject to the provisions of Section 8 and 13 below, and except for damage caused by any act or omission of Tenant, or Tenant’s employees, agents, contractors or invitees (unless such repair is of the type that would be covered by the insurance Landlord is required to maintain under this Lease in which case Tenant shall not be obligated to reimburse Landlord therefor), Landlord shall keep the foundation, roof, and structural and exterior walls of the Building in good order, condition and repair. Landlord shall not be obligated to maintain or repair any Building Systems, or any windows, doors, plate glass or the surfaces of walls within or making up any part of the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair at its own expense. Tenant waives the benefit of any present or future law which provides Tenant the right to repair the Premises or Property at Landlord’s expense (but Tenant shall have the self help rights provided in Section 6.1(b) below). If as a direct result of any maintenance or repair work performed by Landlord pursuant to this Section 6.1(a) or any other work performed by Landlord on or within the Premises (except in connection with the provisions of Section 6.2 below), Tenant is prevented from using and does not use the Premises or any portion thereof and (“Abatement Event”), Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the “Eligibility Period” (as defined below), then the Base Rent shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using and does not use the Premises or a portion thereof, in the proportion that the square footage of that portion of the Premises that Tenant is prevented from using and does not use bears to the total square footage of the Premises. The term “Abatement