Common use of Landlord’s Maintenance Obligations Clause in Contracts

Landlord’s Maintenance Obligations. Landlord shall, subject to reimbursement from Tenant as part of Operating Expenses, maintain, repair, and replace the parking and landscape areas of the Project, the roof membrane, HVAC system, and wash the exterior windows. Landlord shall maintain repair and replace (at its sole cost) the structural portions of the Project, which are the foundations, exterior walls, and roof structure (but the costs of maintaining, repairing, or replacing non-structural aspects of such components, such as painting or washing the exterior walls, will be included in reimbursable Operating Expenses). Landlord's failure to perform its obligations set forth in the preceding two sentences will not release Tenant of its obligations under this Lease, including Tenant's obligation to pay rent; but if Landlord fails, within 30 days after receipt of written notice of such failure or within such longer period of time if such failure is not reasonably susceptible to cure within a 30-day period, to perform any of its material obligations hereunder to Tenant and such failure is material and adverse to Tenant, then Tenant may, as its sole remedy, by process of law, compel Landlord to perform its obligations. Should Tenant be the prevailing party in such process to compel, then Landlord will pay Tenant upon demand all reasonable out-of-pocket costs incurred by Tenant pursuing such preceding remedy, including but not limited to reasonable attorneys' fees. Tenant waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and/or any similar or successor law regarding Tenant's right to terminate this Lease or to make repairs and deduct the expenses of such repairs from the rent due under this Lease.

Landlord’s Maintenance Obligations. Landlord shall, subject to reimbursement from Tenant as part of Operating Expenses, maintain, repair, and replace the parking and landscape areas of the Project, the roof membrane, HVAC system, and wash the exterior windows. Landlord shall maintain repair and replace (at its sole cost) the structural portions of the Project, which are the foundations, exterior walls, and roof structure (but the costs of maintaining, repairing, or replacing non-structural aspects of such components, such as painting or washing the exterior walls, will be included in reimbursable Operating Expenses). Landlord's failure to perform its obligations set forth in the preceding two sentences will not release Tenant of its obligations under this Lease, including Tenant's obligation to pay rent; but if Landlord fails, within 30 days after receipt of written notice of such failure or within such longer period of time if such failure is not reasonably susceptible to cure within a 30-day period, to perform any of its material obligations hereunder to Tenant and such failure is material and adverse to Tenant, then Tenant may, as its sole remedy, by process of law, compel Landlord to perform its obligations. Should Tenant be the prevailing party in such process to compel, then Landlord will pay Tenant upon demand all reasonable out-of-pocket costs incurred by Tenant pursuing such preceding remedy, including but not limited to reasonable attorneys' ’ fees. Tenant waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and/or any similar or successor law regarding Tenant's right to terminate this Lease or to make repairs and deduct the expenses of such repairs from the rent due under this Lease.

Landlord’s Maintenance Obligations. Landlord shall, subject to reimbursement from Tenant as part of Operating Expensesin accordance with Article 6 above, maintain, repair, and replace (a) the parking and landscape areas of the ProjectCommon Area, (b) all foundations, footings, concrete floor/ceiling slabs (but not interior flooring), roof supports (excluding the roof membrane), HVAC systemload-bearing walls, columns and wash the exterior windows. Landlord shall maintain repair beams, shafts (including elevator shafts), stairs and replace (at its sole cost) the structural portions stairwells within Common Area of the ProjectProject (“Structural Components”), which are the foundations, (c) exterior walls, elevator cabs, roofs, exterior glass and roof structure moldings, and (but d) all mechanical, electrical and plumbing systems of the costs Project residing outside of maintaining, repairing, or replacing non-structural aspects of such components, such as painting or washing the exterior walls, will be included in reimbursable Operating ExpensesPremises (“Building Systems”). Landlord's ’s failure to perform its obligations set forth in the preceding two sentences sentence will not release Tenant of from its obligations under this Lease, including Tenant's ’s obligation to pay rent; but if Landlord fails, within 30 days after receipt of written notice of such failure or within such longer period of time if such failure is not reasonably susceptible to cure within a 30-day period, to perform any of its material obligations hereunder to Tenant and such failure is material and adverse to Tenant, then Tenant may, as its sole remedyremedies, by process of law, either (a) compel Landlord to perform its obligationsobligations or obtain an order of the applicable court authorizing Tenant to perform the unfulfilled maintenance or repair obligation at Landlord’s expense, or (b) perform such obligation on behalf of Landlord and recover from Landlord an amount equal to the out-of-pocket costs reasonably incurred by Tenant to do so (but in no event may Tenant deduct such amount from rent under this Lease). Should Tenant be the prevailing party in such process to compelcompel or to recover such costs, then Landlord will pay Tenant upon demand all reasonable out-of-pocket costs incurred by Tenant pursuing such preceding remedy, including but not limited to reasonable attorneys' ’ fees. Tenant waives the provisions of California Civil Code Sections 1932(1Section 1942 (or any successor statute), 1941 and 1942 and/or any similar or successor principals of law regarding with respect to Landlord’s obligations for tenantability of the Premises and Tenant's ’s right to terminate this Lease or to make repairs and deduct the expenses expense of such repairs from the rent due under this Leaserent.

Landlord’s Maintenance Obligations. Landlord shall, subject to reimbursement from Tenant as part of Operating Expenses, maintain, repair, and replace the parking and landscape areas of the Project, the roof membrane, HVAC system, and wash the exterior windows. Landlord shall maintain repair and replace (at its sole cost) the structural portions of the Project, which are the foundations, exterior walls, and roof structure (but the costs of maintaining, repairing, or replacing non-structural aspects of such components, such as painting or washing the exterior walls, will be included in reimbursable Operating Expenses). Landlord's failure to perform its obligations set forth in the preceding two sentences will not release Tenant of its obligations under this Lease, including Tenant's obligation to pay rent; but if Landlord fails, within 30 days after receipt of written notice of such failure or within such longer period of time if such failure is not reasonably susceptible to cure within a 30-day period, to perform any of its material obligations hereunder to Tenant and such failure is material and adverse to Tenant, then Tenant may, as its sole remedy, by process of law, compel Landlord to perform its obligations. Should Tenant be the prevailing party in such process to compel, then Landlord will pay Tenant upon demand all reasonable out-of-pocket costs incurred by Tenant pursuing such preceding remedy, including but not limited to reasonable attorneys' ’ fees. Tenant waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and/or any similar or successor law regarding TenantXxxxxx's right to terminate this Lease or to make repairs and deduct the expenses of such repairs from the rent due under this Lease.