Common use of LANDLORD'S MAINTENANCE Clause in Contracts

LANDLORD'S MAINTENANCE. Landlord agrees to keep the roof, floor, foundation and exterior walls of the Building (excluding plate glass, windows, window frames, doors and door frames) in proper repair, including without limitation the repair of any leaks in the roof, provided that in each case Tenant shall have notified Landlord of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the negligence or willful misconduct of Tenant, its employees, agents, contractors and invitees. Except as provided for hereinabove and for damage caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall not be responsible for repairing any damage to, or performing any maintenance upon, the Property. Notwithstanding the foregoing, Landlord shall be responsible for replacing all base building equipment and operating systems in the Building, including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, to the extent same are not repairable; provided, however, that Landlord may amortize the cost of any such replacement over the useful life of any such replaced equipment and charge through to Tenant, as additional rent, the amortizable portion thereof applicable to the remaining term of the Lease without regard to any unexercised renewal terms (except that Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (20) days of Tenant's receipt thereof with reasonable supporting documentation.

LANDLORD'S MAINTENANCE. Subject to Paragraph 8(a) above, Landlord agrees ---------------------- shall keep, repair and maintain the Building (including the roof and structural members, the Common Areas, mechanical and electrical equipment, the exterior and architectural finish, and all items except those excepted elsewhere in this Lease) of which the Premises are a part, and the lawn, shrubs and other landscaping on the Property, all in good and tenantable condition during the Term of this Lease. Landlord shall, in addition, supply reasonable snow removal for the walkways of the Property during Normal Business Hours (as hereinafter defined). Tenant shall notify Landlord immediately when any repair to keep the roof, floor, foundation and exterior walls be made by Landlord is necessary. If any portion of the Building (excluding plate glass, windows, window frames, doors and door frames) in proper repair, including without limitation or the repair of any leaks in Premises is damaged through the roof, provided that in each case Tenant shall have notified Landlord of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the fault or negligence or willful misconduct of Tenant, its agents, employees, agentsinvitees or customers, contractors then Tenant shall promptly and invitees. Except as provided for hereinabove and for damage caused by properly repair the negligence or willful misconduct of Landlord or same at no cost to Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall not be responsible for repairing any damage to, or performing any maintenance upon, the Property. Notwithstanding the foregoing, Landlord shall be responsible for replacing all base building equipment and operating systems in the Building, including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, to the extent same are not repairable; provided, however, that Landlord may amortize may, at its option, make such repairs and Tenant shall, on demand, pay the cost thereof, together with interest at the Default Rate to Landlord as Other Charges. Tenant shall immediately give Landlord written notice of any defect or need for repairs, after which notice Landlord shall have reasonable opportunity to repair same or cure such replacement over defect. For the useful life purposes of making any such replaced equipment repairs or performing any maintenance, Landlord may block, close or change any entrances, doors, corridors, elevators, or other facilities in the Building or in the Premises, and charge through may close, block or change sidewalks, driveways or parking areas of the Property. Landlord shall not be liable to Tenant, except as additional rentexpressly provided in this Lease, the amortizable portion thereof applicable to the remaining term of the Lease without regard for any damage or inconvenience and Tenant shall not be entitled to any unexercised renewal terms (except that abatement of rent by reason of any repairs, alterations or additions made by Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (20) days of Tenant's receipt thereof with reasonable supporting documentationunder this Lease.

LANDLORD'S MAINTENANCE. Subject to Section 8.1 above. Landlord agrees shall keep, repair and maintain the Building (including the roof and Structural members, the Common Areas, mechanical and electrical equipment, the exterior and architectural finish, and all items except those excepted elsewhere in this Lease) of which the Premises are a part, all in good and tenantable condition during(y the Term. Landlord shall, in addition. suply reasonable snow removal for the walkways of the Property during Normal Business Hours (as hereinafter defined). Tenant shall notify Landlord immediately when any repair to keep the roof, floor, foundation and exterior walls be made by Landlord is necessary. If any portion of the Building (excluding plate glass, windows, window frames, doors and door frames) in proper repair, including without limitation or the repair of any leaks in Premises is damaged through the roof, provided that in each case Tenant shall have notified Landlord of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the fault or negligence or willful misconduct of Tenant, its agents, employees, agentsinvitees or customers, contractors then Tenant shall promptly and invitees. Except as provided for hereinabove and for damage caused by properly repair the negligence or willful misconduct of Landlord or same at no cost to Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall not be responsible for repairing any damage to, or performing any maintenance upon, the Property. Notwithstanding the foregoing, Landlord shall be responsible for replacing all base building equipment and operating systems in the Building, including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, to the extent same are not repairable; provided, however, that Landlord may amortize may, at its option, make such repairs and Tenant shall, on demand, pay the cost thereof (including a supervisory charge in addition to charges for general conditions, equal to ten percent (10%) of the trade cost of such repairs), together with interest at the Default Rate to Landlord as Other Charges. Tenant shall immediately give Landlord written notice of any defect or need for repairs, after which notice Landlord shall have reasonable opportunity to repair same or cure such replacement over defect. For the useful life purposes of making any such replaced equipment repairs or performance, any maintenance, Landlord may block, close or change any entrances, doors, corridors, elevators, or other facilities in the Building or in the Premise's, and charge through may close. block or change sidewalks, driveways or parking areas (if any) of the Property. Landlord shall not be liable to Tenant, except as additional rentexpressly provided in this Lease, the amortizable portion thereof applicable to the remaining term of the Lease without regard for any damage or inconvenience and Tenant shall not be entitled to any unexercised renewal terms (except that abatement of rent by reason of any repairs, alterations or additions made by Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (20) days of Tenant's receipt thereof with reasonable supporting documentationunder this Lease.

LANDLORD'S MAINTENANCE. Landlord agrees Subject to keep the roof, floor, foundation and exterior walls of the Building (excluding plate glass, windows, window frames, doors and door framesParagraph 12(a) in proper repair, including without limitation the repair of any leaks in the roof, provided that in each case Tenant shall have notified Landlord of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the negligence or willful misconduct of Tenant, its employees, agents, contractors and invitees. Except as provided for hereinabove and for damage caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, or as otherwise specifically provided for hereinabove, Landlord shall not be responsible for repairing any damage to, or performing any maintenance upon, maintain and repair the Property. Notwithstanding the foregoing, Landlord shall be responsible for replacing all base building equipment and operating systems in the BuildingProject, including, but not limited to, the roof, foundation, exterior walls and windows, interior structural walls, all structural components, and all systems such as mechanical, electrical, HVAC and plumbing, heatingall in good condition and repair and in accordance with Applicable Laws. Tenant shall notify Landlord immediately when any repair to be made by Landlord is necessary, air conditioning and sprinkler equipmentafter which notice Landlord shall have reasonable opportunity to repair same. To make any repairs or perform any maintenance, pipes, wires, ducts, fixture and appliances, to the extent same are not repairable; provided, however, that Landlord may amortize temporarily block, close or change any entrances, doors, corridors, elevators, or other facilities in the Project, the Building or in the Premises, and may temporarily close, block or change any Common Areas. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience and Tenant shall not be entitled to any abatement of Rent by reason of any repairs, maintenance or replacements made by Landlord under this Lease or by reason of any repairs, maintenance or replacements not made by Landlord but which Tenant determines are necessary. If any portion of the Project, the Building or the Premises is damaged through the fault or negligence of Tenant or the Tenant Parties and Landlord is obligated to repair the damage pursuant to this Paragraph 12(b), Landlord shall make such repairs and Tenant shall, on demand, pay to Landlord the cost of any such replacement over repairs in excess of the useful life of any such replaced equipment and charge through to Tenantinsurance proceeds, if any, received by Landlord, together with interest at the Default Rate, as additional rentOther Charges or upon request from Landlord, Tenant shall promptly and properly repair the amortizable portion thereof applicable same at no cost to the remaining term Landlord. If Landlord fails to perform any maintenance or make any repairs or replacements required to be performed or made by Landlord within thirty (30) days after notice of the Lease without regard to any unexercised renewal terms need therefore from Tenant (except that Landlord may charge through to or such longer time as is reasonably necessary given the required repair or replacement) then Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor)may, any such statement to be payable within twenty after ten (2010) days additional notice to Landlord, itself perform such maintenance or make such repairs. In such event Landlord shall, within thirty (30) days after receipt of demand, reimburse Tenant for the actual documented costs incurred by Tenant's receipt thereof with reasonable supporting documentation.

LANDLORD'S MAINTENANCE. Subject to Paragraph 10(a) above, Landlord agrees shall maintain, repair and replace the Shopping Center (including the roof and structural members, the Common Areas (as hereinafter defined), mechanical and electrical equipment that supply the Premises or the Common Area on a non-exclusive basis, the exterior and architectural finish, and all items except those excepted elsewhere in this Lease) of which the Premises are a part, and the lawn, shrubs and other landscaping on the Property, all in good and tenantable condition during the Lease Term; in addition, Landlord shall maintain (but shall not be required to keep repair or replace) the roofheating, floorventilating, foundation and exterior walls air conditioning equipment. Landlord shall, in addition, supply reasonable snow removal for the walkways and parking areas of the Building (excluding plate glass, windows, window frames, doors and door frames) in proper repair, including without limitation the repair of any leaks in the roof, provided that in each case Property. Tenant shall have notified notify Landlord immediately when any repair to be made by Landlord is necessary. If any portion of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by Shopping Center or the Premises is damaged through the fault or negligence or willful misconduct of Tenant, its agents, employees, agentsinvitees or customers, contractors then Tenant shall promptly and invitees. Except as provided for hereinabove and for damage caused by properly repair the negligence or willful misconduct of Landlord or same at no cost to Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall not be responsible for repairing any damage to, or performing any maintenance upon, the Property. Notwithstanding the foregoing, Landlord shall be responsible for replacing all base building equipment and operating systems in the Building, including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, to the extent same are not repairable; provided, however, that Landlord may amortize may, at its option, make such repairs and Tenant shall, on demand, pay the cost thereof, as Other Charges. Tenant shall immediately give Landlord written notice of any defect or need for repairs, after which notice Landlord shall have reasonable opportunity to repair same or cure such replacement over defect. For the useful life purposes of making any such replaced equipment repairs or performing any maintenance, Landlord may temporarily block, close or change any entrances, doors, corridors, elevators, or other facilities in the Shopping Center or in the Premises, and charge through may close, block or change sidewalks, driveways or parking areas of the Property, provided, however, that during any period of time that access to the Premises is blocked or closed, Landlord shall provide reasonable alternative access to the Premises at all times. Landlord shall not be liable to Tenant, except as additional rentexpressly provided in this Lease, the amortizable portion thereof applicable to the remaining term of the Lease without regard for any damage or inconvenience and Tenant shall not be entitled to any unexercised renewal terms (except that abatement of rent by reason of any repairs, alterations or additions made by Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (20) days of Tenant's receipt thereof with reasonable supporting documentationunder this Lease.

LANDLORD'S MAINTENANCE. Except as provided otherwise in this Lease, Landlord agrees to shall maintain and keep in good operating order and repair the roof, floorfoundations and structural portions of the Building, foundation including exterior glass, and exterior walls the conduits, pipes and wires leading to and from the Common Areas of the Building, elevators, the Base Building HVAC, Building electric, plumbing, sewer and mechanical systems as provided in Landlord’s Base Building Work, and the sprinkler and fire safety systems of the Building (excluding plate glasswherever located, windowsin good order, window frames, doors condition and door frames) in proper repair, including without limitation in compliance with the repair of any leaks in the roof, provided that in each case Tenant shall have notified Landlord of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the negligence or willful misconduct of Tenant, its employees, agents, contractors and inviteesapplicable building code. Except as provided for hereinabove and for damage caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, or as otherwise specifically provided for hereinSubject to Section 10.6, Landlord shall not be responsible for repairing any damage to, or performing any maintenance upon, the Property. Notwithstanding the foregoing, Landlord shall be responsible for replacing all base building equipment and operating systems condition in the Building, includingincluding Landlord’s Base Building Work or the Common Areas, but not limited tocaused by any act or neglect of Tenant or any agent, electricalemployee, plumbingbusiness invitee or contractor of Tenant nor any repairs and maintenance that are the responsibility of Tenant hereunder. All such repairs shall be made by Landlord promptly without delay, heatingexcept for delays beyond Landlord’s reasonable control, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, shall be made of quality or class equal to the extent same are original work or construction. Landlord shall not repairablebe in default of any obligation of Landlord hereunder unless Landlord fails to perform any of its obligations under this Lease within thirty (30) days after receipt of written notice of such failure from Tenant (“Landlord Default Notice”); provided, however, that if the nature of Landlord’s obligation is curable and is such that more than thirty (30) days are required for its performance, Landlord shall not be in default if Landlord commences to cure such default within the thirty (30) day period and thereafter diligently prosecutes the same to completion (such period of time, the “Landlord Cure Period”). If Landlord fails to undertake any work or repairs that Landlord is obligated to perform under this Lease within the Landlord Cure Period and such failure has a material adverse impact on Tenant or the Premises, then Tenant may amortize perform such obligations. Notwithstanding the cost preceding sentence to the contrary, Tenant shall not have the right to perform Landlord’s maintenance, repair or other obligation, unless Landlord fails to commence the required action within the Landlord Cure Period and such failure continues for an additional period of five (5) business days after Tenant delivers to Landlord a second Landlord Default Notice (the “Second Default Notice”). Landlord shall reimburse Tenant for the amount of all reasonable costs actually incurred by Tenant in curing any such replacement over the useful life failure of any such replaced equipment and charge through to Tenant, as additional rent, the amortizable portion thereof applicable to the remaining term of the Lease without regard to any unexercised renewal terms Landlord within thirty (except that Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (2030) days following Landlord’s receipt of an invoice therefor from Tenant's receipt thereof with reasonable supporting documentation.

LANDLORD'S MAINTENANCE. Tenant's Reimbursement of Costs. Subject to Tenant's obligation to reimburse Landlord agrees to for costs as hereinafter provided, Landlord shall keep and maintain in good condition and repair the roof, floor, foundation roof and exterior walls of the Building building in which the premises is located, all structural parts of the premises, and pipes, conduits and lines outside the premises used to furnish to the premises various utilities (excluding plate glassexcept to the extent that the same are the obligations of a public utility company). Landlord shall not, windowshowever, window frames, doors and door frames) in proper repair, including without limitation the repair be required to make repairs necessitated by reason of any leaks act or the negligence of Tenant or its agents, representatives, or anyone claiming under Tenant, or by reason of the failure of Tenant to perform or observe any conditions or agreements in the roofthis Lease contained, provided that or caused by alterations, additions, or improvements made by Tenant or anyone claiming under Tenant. Landlord shall not in each case any way be liable to Tenant shall have for failure to make repairs as herein specifically required unless Tenant has previously notified Landlord in writing of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the negligence or willful misconduct and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of Tenant's written notification. Tenant agrees to pay, its employeesas Additional Rent, agents, contractors and invitees. Except as provided for hereinabove and for damage caused Tenant's pro rata portion of all costs incurred by Landlord pursuant to this Section 17.2 based on the negligence or willful misconduct ratio ,that the Floor Area within the premises bears to the total Floor Area of the building in which the premises is located except Tenant shall pay one hundred percent (100%) of the cost incurred by Landlord or Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall not be responsible for in repairing any damage tocaused to the building or any portion thereof or any of the above specified items by any act of Tenant or its agents, representatives or performing any maintenance upon, the Propertyanyone claiming under Tenant. Notwithstanding the foregoing, Landlord Any such payment shall be responsible for replacing all base building equipment due and operating systems in the Building, including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, payable to the extent same are not repairable; provided, however, that Landlord may amortize the cost of any such replacement over the useful life of any such replaced equipment and charge through to TenantLandlord, as additional rentAdditional Rent, the amortizable portion thereof applicable to the remaining term of the Lease without regard to any unexercised renewal terms within ten (except that Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (2010) days of Tenant's receipt thereof with reasonable supporting documentationof a request for payment. Notwithstanding section 17.2 above Tenant shall only be responsible for the obligations to reimburse Landlord for repair costs on its building (Pad A).

LANDLORD'S MAINTENANCE. Landlord agrees (a) Landlord’s maintenance obligations are limited to keep those expressly described elsewhere in the roof, floor, Lease and to the replacement of the Building’s roof and maintenance of the foundation and exterior walls structural members of the Building including exterior walls and load bearing columns within the Premises (excluding collectively, the "Building’s Structure") and the Building’s windows and skylights; however, Landlord shall not be responsible (1) for any such work until Tenant delivers to Landlord written notice of the need therefor, or (2) for alterations to the Common Areas or the Building’s Structure required by any applicable Law (including, without limitation, the Americans with Disabilities Act of 1990 (“ADA”)because of Tenant’s specific use of the Premises (which alterations shall be performed by Tenant at Tenant’s sole cost and expense). The Building’s Structure does not include glass or plate glass, windowsdoors, window framesspecial store fronts or office entries, doors all of which shall be maintained by Tenant at Tenant’s sole cost and door framesexpense. In addition, Landlord shall be responsible (at Landlord’s sole expense) in proper repair, including without limitation for the repair and maintenance of any leaks in all Improvements constructed by Landlord pursuant to Exhibit “B” attached hereto (excluding the roof, maintenance required of Tenant pursuant to Section 4.(c) below) provided that in each case Tenant shall have notified Landlord written notice of the need for repairsuch repair or maintenance is given within one (1) year after the Commencement Date, and provided further, that Landlord shall have no responsibility for such repairs when necessitated so long as the damage requiring repair is not caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors and or invitees. Except as provided Landlord’s liability for hereinabove and any defects, repairs, replacement or maintenance for damage caused by the negligence or willful misconduct of which Landlord or Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall not be is responsible for repairing any damage to, or performing any maintenance upon, the Property. Notwithstanding the foregoing, Landlord hereunder shall be responsible for replacing all base building equipment and operating systems in the Building, including, but not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and appliances, to the extent same are not repairable; provided, however, that Landlord may amortize the cost of any performing such replacement over the useful life of any such replaced equipment and charge through to Tenant, as additional rent, the amortizable portion thereof applicable to the remaining term of the Lease without regard to any unexercised renewal terms (except that Landlord may charge through to Tenant the amortizable portion thereof applicable to any renewal term upon Tenant's exercise of its option therefor), any such statement to be payable within twenty (20) days of Tenant's receipt thereof with reasonable supporting documentationwork.