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 “Eligibility Period” shall mean a period of three (3) consecutive days after Landlord’s receipt of any Abatement Notice.

Appears in 1 contract

Samples: Building Lease Agreement (Artes Medical Inc)

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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 “Eligibility Period” shall mean a period of three five (35) consecutive business days after Landlord’s receipt of any Abatement Notice.

Appears in 1 contract

Samples: Building Lease Agreement (Artes Medical Inc)

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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 “Eligibility Period” shall mean a period of three (3) consecutive days after Landlord’s receipt of any Abatement Notice.Abatement

Appears in 1 contract

Samples: Building Lease Agreement (Artes Medical Inc)

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