Common use of LANDLORD'S MAINTENANCE Clause in Contracts

LANDLORD'S MAINTENANCE. Landlord shall maintain and repair (i) the roof, foundation and the structural soundness of the exterior walls of the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02, Landlord shall maintain and repair (i) the structural portions of the Building, the roof, foundation and the structural soundness of the exterior walls and exterior doors, foundation, and underslab standard sewer system of the Building in good good, clean and safe condition, and shall use reasonable wear efforts, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and tear excepted; air conditioning (ii“HVAC”) all plumbing equipment in reasonably good order and sewage facilities (including all sinkscondition. Notwithstanding the foregoing, toiletsLandlord shall have no responsibility to repair the Building’s standard heating, faucets ventilation and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system air conditioning equipment exclusively serving the Premises, Building and Common Areas; all such repairs shall be performed by Tenant pursuant to the terms of Section 8.02. Landlord shall also (iiia) all electrical maintain the landscaping, parking facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the other Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (viib) any damages wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance to the Premises, Building or Common Areas caused solely by the negligence Tenant for diminution of willful misconduct rental value and no liability of Landlord by reason of inconvenience, annoyance or Landlordany injury to or interference with Tenant’s Parties. The term “walls” as used herein shall not include windowsbusiness arising from the making of or the failure to make any repairs, glass alterations or plate glass, doors, special store fronts improvements in or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts to any portion of the Building as necessary Project or in or to maintain safety and aesthetic standardsany fixtures, appurtenances or equipment therein. The cost of the performance of Subject to Landlord’s obligations pursuant to this Section 9.1 shall 1 of Exhibit B attached hereto, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. Any entry or work by Landlord may be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs during normal business hours and replacements required of Landlord shall be promptly made use reasonable efforts to ensure that any entry or work shall not materially interfere with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private RestrictionsTenant’s occupancy of, or access to, the Premises.

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17, Landlord shall keep in good working order, test, and maintain and repair (i) the roof, foundation and the other structural soundness components, roof and exterior envelope of the exterior walls Building, Common Areas, all equipment installed, owned, or operated by Landlord outside of the Premises, including the building standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines of the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; Premises (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited toto the major Landlord systems such as generators, mowing grass including the generators supporting Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all general landscapingequipment, maintenance furnishings, fixtures and other personal property used by Landlord in the operation of parking areasthe Project, driveways the Garage, and alleysthe driveways, parking lot sweepingand grounds adjacent to the Buildings, exterior lightingas well as the Common Areas, pest control fully operational and window washing; (v) in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property to the extent not otherwise described permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth in this Section 9.18.1 require access to or through the Premises, except in the Landlordevent of emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room business operations in the Premises; and (vii) any damages to the Premisesprovided, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Furtherhowever, Landlord shall maintain, repair may access areas within the Project through the Premises for the purpose of performing routine repairs and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations maintenance required pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, 8.1 so long as applicable. All Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsmaintenance.

LANDLORD'S MAINTENANCE. Landlord shall shall, at its sole cost, maintain and repair (i) only the exterior portions of the roof, and the foundation and the structural soundness of the exterior walls of the Building and utility facilities stubbed to the Premises in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” "WALLS" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as deemed necessary by Landlord to maintain safety and aesthetic standards. Landlord shall maintain, repair, and operate the common areas of the Project in good order and condition, including but not limited to, mowing grass and general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, paving and restriping, exterior lighting, painting, pest control and window washing. The cost of all of the performance foregoing, including the cost of Landlord’s obligations pursuant all supplies, uniforms, equipment, tools and materials, together with utility costs not otherwise charged directly to this Section 9.1 shall be a Premises Operating ExpenseTenant or other tenants, a Building all wages and benefits of employees and independent contractors engaged in the operation, maintenance and repair of the Project, all expenses for security and safety services and equipment, any license, permit and inspection fees required in connection with the operation, maintenance or repair of the Project (but not related to improvements to tenant space), management, consulting, legal and accounting fees of independent contractors engaged by Landlord (but not related to the negotiation or enforcement of leases), other costs and expenses actually incurred by Landlord in connection with the ownership, operation, leasing and management of the Project, and other usual costs and expenses which are typically paid by other landlords to provide on-site operation of industrial, warehouse and service center projects, are collectively referred to herein as "OPERATING EXPENSES". To the extent that an Operating Expense consists of a maintenance or a Project Operating Expense, repair (including renovation and refurbishment) expense that is not properly fully deductible as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed an expense in the year incurred in accordance with all applicable Laws generally accepted accounting principles, such expense shall be amortized over its useful life. Any amounts which are amortized, together with Landlord's actual cost of funds, shall result in equal payments being included in Operating Expenses for the year of expenditure and Private Restrictions.succeeding years during the amortization period. Landlord shall reduce the amount of expenses by any refunds actually received by Landlord in connection with any expenses previously included in Operating Expenses. Notwithstanding the foregoing, the following items shall not be treated as Operating Expenses:

LANDLORD'S MAINTENANCE. Landlord shall repair, replace and maintain and repair in good condition (i) the foundations, roof, foundation exterior walls, structural floors, elevators and all other structural aspects of the Building, Common Area and the structural soundness of the exterior walls of the Building in good condition, reasonable wear and tear exceptedPremises; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains)nonstructural aspects of the Building which relate to more than one tenant’s premises, and all ducts, pipes, vents or other parts of Common Areas including the HVAC or plumbing system serving the Premises, Building lobby and Common Areascommon stairways; (iii) all electrical common systems and facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving necessary for the Premises, operation of the Building and the Common Areasprovision of services and utilities as required herein; (iv) the Common Areas electrical, mechanical, plumbing, lighting, life safety, fire, sprinkler, heating, ventilating and air conditioning (“HVAC”) and security systems, fixtures and equipment located outside of the Building and the ProjectPremises, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in which serve the Premises; and (viiv) any damages the exterior walkways, sidewalks, driveways and parking areas referred to in Section 2.1; and, in addition Landlord shall be obligated to repair all exterior glass, and windows of the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements to be performed by Landlord hereunder shall commence as soon as reasonably possible, subject, however, to excusable delays (as provided in Section 8.4). If, during the making of any repairs or alterations herein required to be made by Landlord, Tenant is deprived of Landlord the uninterrupted use of a material portion of the Premises for a period longer than five (5) consecutive business days for reasons within Landlord’s control, the Fixed Rent and other charges payable by Tenant hereunder shall be promptly made with new materials equitably abated. The foregoing sentence shall be Tenant’s sole and exclusive remedy on account of like kind and quality Landlord’s performance of the foregoing actions and shall not apply to casualty or condemnation, which shall be performed covered elsewhere in accordance with all applicable Laws and Private Restrictionsthis Lease.

LANDLORD'S MAINTENANCE. Landlord shall maintain agrees to keep in good order, condition and repair (i) the rooffoundations, foundation and the structural soundness of the exterior walls and roof of the Building in good condition(but excluding the exterior and interior of all windows, doors, and plate glass of the Premises) and, subject to the provisions of this Section 9.3 hereof, the common areas, except for reasonable wear and tear exceptedand except for any damage thereto, caused by any act or negligence of Tenant or its agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord shall not be obligated to repair or maintain any structure or facility except as provided in this Section. Landlord shall not be responsible for light bulb or ballast replacement. Landlord shall not be obligated to provide any maintenance or to make any repairs when such maintenance or repair is made necessary because of the negligence or misuse of Tenant, Tenant’s agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord shall have no responsibility or liability for failure to supply any maintenance or to make any repairs when prevented from doing so by any cause beyond Landlord’s control. Landlord shall not be obligated to inspect the Premises and shall not be obligated to make any repairs or perform any maintenance hereunder other than as specifically required hereby and unless first notified of the need thereof in writing by Tenant. If Landlord fails to commence such repairs or maintenance within twenty (20) days after said notice, Tenant’s sole right and remedy for such failure shall be, after further notice to Landlord, to make such repairs or perform such maintenance at Landlord’s expense; provided, however, that the amount of such costs not exceed the reasonable value of such repairs or maintenance; and provided further, that if the Premises is uninhabitable as a result of Landlord’s failure to commence required repairs or maintenance, rent will be abated until the Premises is once again habitable (ii) whether due to Landlord’s repairs or Tenant’s). Tenant hereby waives all plumbing and sewage facilities (including all sinksrights to make repairs at the expense of Landlord as provided by any law, toilets, faucets and drains), and all ducts, pipes, vents statute or ordinance now or hereafter in effect. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other parts of persons, which may be caused by the HVAC Building or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixturesor any appurtenances thereto, lampsbeing out of repair or by bursting or leakage of any water, bulbsgas, tubessewer or steam pipe, fanswhether or not it is the obligation of Landlord to repair the same, ventsby theft, exhaust equipment and systems) serving the Premisesby fire, Building and the Common Areas; (iv) the Common Areas oil or electricity, by any actor neglect of any tenant or occupant of the Building and the ProjectBuilding, including but not limited toor of any other person, mowing grass and all general landscapingor by any other cause of whatsoever nature, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas unless caused solely by the gross negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02, Landlord shall maintain and repair (i) the structural portions of the Building, the roof, foundation and the structural soundness of the exterior walls and exterior doors, exterior windows, all electrical, water, sewer, and plumbing systems not exclusively serving the Premises, sprinkler systems, life safety systems, foundation, and underslab standard sewer system of the Building in good good, clean and safe condition, reasonable wear and tear excepted; shall through, among other things, Landlord's program of regularly scheduled preventive maintenance, keep the Building's standard heating, ventilation and air conditioning (ii"HVAC") all plumbing equipment in reasonably good order and sewage facilities (including all sinkscondition. Notwithstanding the foregoing, toiletsLandlord shall have no responsibility to repair the Building's standard heating, faucets ventilation and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system air conditioning equipment exclusively serving the Premises, Building and Common Areas; all such repairs shall be performed by Tenant pursuant to the terms of Section 8.02. Landlord shall also (iiia) all electrical maintain the landscaping, parking facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the other Common Areas of the Building and the Project, including but not limited toand (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Article Fourteen and Article Fifteen, mowing grass there shall be no abatement of rent, no allowance to Tenant for diminution of rental value and all general landscapingno liability of Landlord by reason of inconvenience, maintenance annoyance or any injury to or interference with Tenant's business arising from the making of parking areasor the failure to make any repairs, driveways and alleysalterations or improvements in or to any portion of the Project or in or to any fixtures, parking lot sweepingappurtenances or equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, exterior lightingstatute or ordinance now or hereafter in effect, pest control and window washing; (v) except to the extent not otherwise described expressly provided in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private RestrictionsLease.

LANDLORD'S MAINTENANCE. During the Term, Landlord shall maintain be responsible for repairs and repair (i) replacement of all structural elements of the Building, including replacement of the roof, foundation if required, and all building systems, including, without limitation, the mechanical, plumbing, electrical, heating, ventilating and air conditioning equipment, boilers, and machinery other than any systems that serve only the Premises (collectively, "Building Systems") and all other equipment and fixtures ("Equipment and Fixtures") used in connection with the operation of the Building, the roof and the structural soundness parking area and sidewalks of the exterior walls Building, as well as the common areas in the Building that are illustrated on Exhibit B. All expenses incurred by Landlord in connection with any of the foregoing will be considered Operating Expenses for which Tenant will pay its Proportionate Share. However, Tenant will be responsible for any repairs or replacements if required under this Agreement by Tenant's negligence or willful misconduct, except to the extent covered by or required to be covered by Landlord's insurance. In addition, notwithstanding anything to the contrary in Section 8.1 or 8.2, if any repairs, replacements and/or improvements are needed in the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities and/or Premises that are not the sole responsibility of Tenant under this Lease (including all sinkswithout limitation the Building Systems, toiletsstructural elements of the Building, faucets the roof and drainsthe Equipment and Fixtures), and all ductssuch repairs, pipesreplacements or improvements (other than tenant improvements for other tenants) are considered capital expenditures under generally accepted accounting principles, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; consistently applied (iii"GAAP") all electrical facilities and all equipment as determined by Landlord's accountants (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Furthercollectively "Capital Improvements"), Landlord shall maintainbe responsible for performing such Capital Improvements, repair and repaint with the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts cost thereof to be amortized with interest at a rate per annum equal to the Prime Rate plus three percent in effect at the time of the Building expenditure, over the useful life of the applicable Capital Improvement, as necessary to maintain safety determined in accordance with GAAP, and aesthetic standards. The Tenant shall reimburse Landlord on a monthly basis for the applicable portion of the cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private RestrictionsCapital Improvement that is amortized during the Term.

LANDLORD'S MAINTENANCE. Landlord Landlord, as an Operating Expense, shall keep and maintain and repair (i) the roof, foundation and the structural soundness of the exterior walls of the Building in good conditionand its fixtures, reasonable wear appurtenances, systems and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building in good working order, condition and Common Areas; (iii) repair and shall make all electrical facilities repairs, structural and all equipment (including all lighting fixturesotherwise, lampsinterior and exterior, bulbs, tubes, fans, vents, exhaust equipment as and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of when needed in or about the Building and the ProjectPremises, including but not limited toexcept for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease. Without limiting the generality of the foregoing, mowing grass Landlord shall repair and maintain, and if necessary, replace (i) Building structure, foundation, roof, gutters, exterior walls, window coverings, windows, and all general landscapingother exterior and structural parts of the Building, maintenance (ii) halls, stairways and entryways, elevators and common passageways and all other common areas of parking areasthe Building, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (viii) premises occupied by other tenants to the extent not otherwise described in this Section 9.1, the Landlord’s Work necessary to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) prevent any damages damage to the Premises, Building and (iv) all elements of the plumbing system, the sprinkler system, the light fixtures and electrical distribution system, the heating, ventilating and air conditioning system and any other of the Building's shared systems located within the Premises, and any damage caused to any items in the Premises which would become the property of the Landlord upon termination of this Lease by any malfunction or Common Areas caused solely misfunction of such systems, except only for any supplementary portions of such systems owned by Tenant. Nothing contained in this Section 22 shall require Landlord to paint or decorate the negligence of willful misconduct Premises. No liability of Landlord to Tenant shall accrue however under subparagraphs (iii) and (iv) above unless and until Tenant has given written (except in the case of an emergency) notice to Landlord of the specific repair required to be made or Landlord’s Partiesof the failure to properly furnish any service and Landlord does not promptly thereafter undertake and diligently pursue such repair or furnish such service. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall have no obligation to maintain, repair and repaint or replace the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this pedestrian bridge described in Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions37.

LANDLORD'S MAINTENANCE. Landlord shall shall, at its sole cost and expense, maintain and repair (i) only the exterior portions of the roof, and the foundation and the structural soundness of the exterior walls of the Building and utility facilities stubbed to the Premises in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “"walls” " as used herein shall not include windows, glass or plate glass, doors, roll-up dock doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as deemed necessary by Landlord to maintain safety and aesthetic standards. Landlord shall maintain, repair, replace and operate the common areas of the Project, including but not limited to, mowing grass and general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, paving and restriping, exterior lighting, painting, pest control and window washing. The cost of all of the performance foregoing, including the cost of Landlord’s obligations pursuant all supplies, uniforms, equipment, tools and materials, together with utility costs not otherwise charged directly to this Section 9.1 shall be a Premises Tenant or other tenants, all wages and benefits of employees and independent contractors engaged in the operation, maintenance and repair of the Project, all expenses for security and safety services and equipment, any license, permit and inspection fees required in connection with the operation, maintenance, repair and replacement of the Project or any portions thereof (but not related to improvements to tenant space), management, consulting, legal and accounting fees of independent contractors engaged by Landlord (but not related to the negotiation or enforcement of leases), other costs and expenses actually incurred by Landlord in connection with the ownership, operation, leasing and management of the Project, and other usual costs and expenses which are typically paid by other landlords to provide on-site operation of industrial; warehouse and service center projects, are collectively referred to herein as "Operating Expense, a Building Expenses". To the extent that an Operating Expense consists of a maintenance, repair or a Project Operating Expense, replacement (including renovation and refurbishment) expense that is not properly fully deductible as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed an expense in the year incurred in accordance with all applicable Laws generally accepted accounting principles, such expense shall be amortized over its useful life. Any amounts which are amortized, together with Landlord's actual cost of funds, shall result in equal payments being included in Operating Expenses for the year of expenditure and Private Restrictionssucceeding years during the amortization period.