Common use of Landlord’s Maintenance Obligations Clause in Contracts

Landlord’s Maintenance Obligations. Subject to the foregoing paragraph, Landlord shall keep and maintain in good and tenantable condition and repair and replace as necessary the Building Structure and pipes and conduits outside or below the Premises used to furnish to the Premises various utilities (except to the extent that the same are the obligation of the appropriate public utility company). Landlord shall also periodically perform customary tests of the Building's fire sprinkler system and repair same to the extent Landlord has actual knowledge that such repairs are required, such repairs to be performed within a reasonable period of time following Landlord's receipt of such knowledge. Notwithstanding the foregoing, Landlord shall not be required to make any repairs necessitated by reason of the negligence or willful misconduct of Tenant, its servants, agents, employees or contractors, or anyone claiming under Tenant, or by reason of the failure of Tenant to perform or observe any conditions or agreements in this Lease contained, or caused by alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Anything to the contrary notwithstanding contained in this Lease, Landlord shall not be liable to Tenant for failure to make repairs as herein specifically required of it unless Tenant has previously notified Landlord, in writing, of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of Tenant's written notification.

Landlord’s Maintenance Obligations. Subject to the foregoing paragraph, Landlord shall keep and maintain in good and tenantable condition condi-tion and repair the foundations, roofs and replace as necessary the Building Structure and pipes and conduits outside or below the Premises used to furnish to the Premises various utilities (except to the extent that the same are the obligation exterior surfaces of the appropriate public utility company). exterior walls of all buildings (exclusive of doors, door frames, door cheeks, windows, window frames and, unless Landlord shall also periodically perform customary tests elects to include cleaning of the Building's fire sprinkler system storefronts and repair same storefront awnings of tenants of the Shopping Center as part of Common Area mainte-xxxxx pursuant to the extent Landlord has actual knowledge that such repairs are requiredSection 13.2 below, such repairs to be performed within a reasonable period of time following Landlord's receipt of such knowledge. Notwithstanding the foregoingstorefronts and storefront awnings); provided, Landlord shall not be required to make however, if any repairs or replacements are necessitated by reason of the negligence or willful misconduct acts of Tenant, its servants, agents, employees or contractors, Tenant or anyone claiming under Tenant, Tenant or by reason of the Tenant's failure of Tenant to observe or perform or observe any conditions or agreements contained in this Lease containedLease, or caused by alterations, additions or improvements made by Tenant or anyone claiming under Tenant, the cost of same shall be the sole responsibility of Tenant. Anything It is acknowledged by Tenant that the cost of some of Landlord's maintenance obligations referenced in the preceding sentence shall be prorated and paid as Common Area Expenses. Notwithstanding anything to the contrary notwithstanding contained in this Lease, Landlord shall not be liable to Tenant for failure to make repairs as herein specifically required to be made by Landlord under the provisions of it this Lease unless Tenant has previously notified Landlord, Landlord in writing, writing of the need for such repairs and Landlord has failed to commence and complete said the repairs within a reasonable period of time following receipt of Tenant's written notification. Tenant waives the provisions of Sections 1941 and 1942 of the Civil Code of the State of California, or any superseding statute, and of any other law permitting Tenant to make repairs at Landlord's expense.

Landlord’s Maintenance Obligations. Subject to the foregoing paragraph, (a) Landlord shall keep and maintain in good and tenantable condition and repair the roofs, structural components (including Wharf substructure and replace as necessary pilings), and exterior surfaces of exterior walls of the Building Structure (exclusive of doors, door frame, door checks, windows, window frames and pipes and conduits outside or below the Premises used to furnish to the Premises various utilities (except to the extent that the same are the obligation of the appropriate public utility companystore fronts). Landlord shall also periodically perform customary tests of the Building's fire sprinkler system and repair same to the extent Landlord has actual knowledge that such repairs are required; provided, such repairs to be performed within a reasonable period of time following Landlord's receipt of such knowledge. Notwithstanding the foregoinghowever, Landlord shall not be required to make if any repairs or replacements are necessitated by reason of the negligence, gross negligence or willful misconduct acts of Tenant, its servants, agents, employees Tenant or contractors, or anyone claiming under Tenant, any Tenant Parties or by reason of the Tenant's failure of Tenant to observe or perform or observe any conditions or agreements provisions contained in this Lease contained, Agreement or caused by alterations, additions or improvements made by Tenant, any Tenant Parties, or anyone claiming any contractors, subcontractors, laborers or materialmen of Tenant, the cost of such repairs and replacements shall be the sole obligation of Tenant. (b) Tenant shall be solely responsible for all repairs to and maintenance of the Premises and the License Area, which are not expressly allocated to Landlord under Tenantthis Agreement. Anything Tenant shall not undertake any additional improvements at or to the contrary notwithstanding contained Premises or License Area without Landlord’s express written consent to be given in Landlord’s sole discretion. (c) Unless Tenant notifies Landlord in writing of the need for repairs under this Leaseprovision, Landlord shall not be liable to Tenant for its failure to make repairs as herein specifically required of it unless Tenant has previously notified Landlord, in writing, of the need for such repairs and repairs. Landlord has failed shall be entitled to commence and complete said repairs within a reasonable period of time following to effect such repairs upon receipt of Tenantsaid written notice from Xxxxxx. Tenant waives any right of offset against any Rent due hereunder and agrees not to assert as an affirmative defense in any judicial proceeding or arbitration brought by Landlord against Tenant on claims made under this Agreement the provisions of Sections 1941 and 1942 of the California Civil Code, or any superseding statute, and of any other law permitting Tenant to make repairs at Landlord's written notificationexpense.

Landlord’s Maintenance Obligations. Subject to the foregoing paragraph, Landlord shall keep and maintain in good and tenantable condition and repair the foundations, roofs, gutters, downspouts and replace as necessary exterior surfaces of the Building Structure and pipes and conduits outside or below exterior walls of the Premises used to furnish to the Premises various utilities (except to the extent that the same are the obligation exclusive of the appropriate public utility companydoors, door frames, door checks, windows, window frames, skylights and other openings therein). Landlord shall also periodically perform customary tests of the Building's fire sprinkler system and repair same to the extent Landlord has actual knowledge that such repairs are required; provided, such repairs to be performed within a reasonable period of time following Landlord's receipt of such knowledge. Notwithstanding the foregoinghowever, Landlord shall not be required to make if any repairs or replacements are necessitated by reason of the negligence or willful misconduct of Tenant, its servants, agents, employees or contractors, Tenant or anyone claiming under Tenant, Tenant or by reason of the Tenant’s failure of Tenant to observe or perform or observe any conditions or agreements contained in this Lease contained, or caused by alterations, additions or improvements made by Tenant Tenant, or anyone claiming under Tenant, the cost thereof shall be the sole responsibility of Tenant. Anything Tenant shall also contract with a qualified service company for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises. Notwithstanding anything to the contrary notwithstanding contained in this Lease, Landlord shall not be liable to Tenant for failure to make repairs as herein specifically required to be made by Landlord under the provisions of it this Lease unless Tenant has previously notified Landlord, Landlord in writing, writing of the need for such repairs and Landlord has failed to commence and complete said the repairs within a reasonable period of time following receipt of Tenant's ’s written notification. Tenant waives the provisions of Section 1941 and 1942 of the Civil Code of the State of California, or any superseding statute, and of any other law permitting Tenant to make repairs at Landlord’s expense.