Common use of Landlord’s Obligation to Maintain Clause in Contracts

Landlord’s Obligation to Maintain. Landlord shall repair and maintain (i) the roof (including the roof membrane) and the other structural components of the Project (including without limitation, the footings, the foundation, the structural floor, and the load bearing walls of the Premises and the Project), and (ii) major parking lot repair and all striping in connection with the parking lot. It is an express condition precedent to of Landlord’s obligations to repair and maintain the Premises that Tenant shall have first notified Landlord in writing of the need for such repairs and maintenance. Notwithstanding the foregoing, Landlord shall not be responsible for repairs required by an accident, fire or other peril, or for damage caused to any part of the Project or the Premises, in each case to the extent caused by any act or omission of Tenant or Tenant’s Agents, except as otherwise required by Article 11. Landlord may engage contractors of its choice to perform the obligations required of it by this Article, and the necessity of any expenditure to perform such obligations shall be at the sole discretion of Landlord. In the event that the Premises or a material portion of the Premises are rendered inaccessible or unusable for the Permitted Use by reason of Landlord’s breach of its obligations under this Section 6.2 (a “Material Impairment”), and such Material Impairment continues for five (5) consecutive business days after written notice thereof is received by Landlord and such Material Impairment is not caused by an event of force majeure (as described in Section 16.7), a casualty, a failure on the part of a public utility, or by any act or omission of Tenant, its agents, employees or contractors, Tenant shall be entitled to an abatement of Base Rent and Additional Rent in proportion to the extent to which breach causes such Material Impairment, with such abatement to begin on the sixth (6th) business day after written notice to Landlord of such Material Impairment and continuing until such Material impairment has been cured.

Appears in 2 contracts

Samples: Lease Agreement (Avago Technologies LTD), Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)

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Landlord’s Obligation to Maintain. Landlord Subject to the provisions of paragraph 6.1 (Tenant’s Obligation to Maintain), Article 11 (Damage to Leased Premises), and Article 12 (Condemnation), Landlord, subject to the reimbursement requirements of Section 6.3 below, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, Common Area fire alarm and/or smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and maintain (i) utility systems serving the roof (including the roof membrane) Common Areas and the other structural components all parts thereof. Additionally, if there are utility facilities serving portions of the Project (including without limitation, the footings, the foundation, the structural floorCommon Area, and the load bearing walls Leased Premises, or the Leased Premises and other parts of the Premises Property which are leased or are for lease to other parties, Landlord shall, subject to the reimbursement requirements of Section 6.3 below, maintain and the Project), operate (and (iireplace when necessary) major parking lot repair and all striping in connection with the parking lotsuch equipment. It is an express condition precedent to of Landlord’s obligations to repair and maintain the Premises that Tenant shall have first notified Landlord in writing of the need for such repairs and maintenance. Notwithstanding the foregoing, Landlord shall not be responsible for repairs any such repairs, maintenance or replacements required by an any accident, fire or other perilperil except as otherwise required by Article 11, or for damage caused to any part of the Project or the Premises, in each case to the extent caused Leased Premises by any act act, negligence or omission of Tenant or Tenant’s Agentsits agents contractors, except as otherwise required by Article 11employees or invitees. Landlord shall not be obligated to paint the exterior or interior surfaces of exterior walls nor shall Landlord be obligated to maintain, repair or replace windows, doors or plate glass of the Leased Premises. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. Landlord may engage contractors of its choice to perform the obligations required of it by this Articleprovision, and the necessity of any expenditure made to perform such obligations shall be at the sole discretion of Landlord. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord, in writing, of the need for such repairs and maintenance and Landlord is provided reasonable time following such notice to repair or maintain the same. In the event that the Premises addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or a material any portion of the maintenance, repair and/or replacement of the HVAC systems serving the Leased Premises are rendered inaccessible or unusable (including, without limitation, contracting for the Permitted Use by reason periodic inspection of Landlord’s breach of its obligations under this Section 6.2 (a “Material Impairment”the HVAC equipment at such time intervals as Landlord may elect), and such Material Impairment continues for five (5) consecutive business days after written notice thereof is received by Landlord and such Material Impairment is not caused by an event of force majeure (as described in Section 16.7), a casualty, a failure on the part of a public utility, or by any act or omission of Tenant, its agents, employees or contractors, Tenant shall be entitled to an abatement of Base Rent and Additional Rent in proportion to the extent to which breach causes such Material Impairment, with such abatement to begin on the sixth (6th) business day after written notice to Landlord of such Material Impairment and continuing until such Material impairment has been cured.

Appears in 1 contract

Samples: Lease Agreement (Knightscope, Inc.)

Landlord’s Obligation to Maintain. Landlord Subject to the provisions of paragraph 6.1 (Tenant's Obligation to Maintain), Article 11 (Damage to Leased Premises), and Article 12 (Condemnation), Landlord, subject to the reimbursement requirements of Section 6.3 below, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, Common Area fire alarm and/or smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and maintain (i) utility systems serving the roof (including the roof membrane) Common Areas and the other structural components all parts thereof. Additionally, if there are utility facilities serving portions of the Project (including without limitation, the footings, the foundation, the structural floorCommon Area, and the load bearing walls Leased Premises, or the Leased Premises and other parts of the Premises Property which are leased or are for lease to other parties, Landlord shall, subject to the reimbursement requirements of Section 6.3 below, maintain and the Project), operate (and (iireplace when necessary) major parking lot repair and all striping in connection with the parking lotsuch equipment. It is an express condition precedent to of Landlord’s obligations to repair and maintain the Premises that Tenant shall have first notified Landlord in writing of the need for such repairs and maintenance. Notwithstanding the foregoing, Landlord shall not be responsible for repairs any such repairs, maintenance or replacements required by an any accident, fire or other perilperil except as otherwise required by Article 11, or for damage caused to any part of the Project or the Premises, in each case to the extent caused Leased Premises by any act act, negligence or omission of Tenant or Tenant’s Agentsits agents contractors, except as otherwise required by Article 11employees or invitees. Landlord shall not be obligated to paint the exterior or interior surfaces of exterior walls nor shall Landlord be obligated to maintain, repair or replace windows, doors or plate glass of the Leased Premises. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. Landlord may engage contractors of its choice to perform the obligations required of it by this Articleprovision, and the necessity of any expenditure made to perform such obligations shall be at the sole discretion of Landlord. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord, in writing, of the need for such repairs and maintenance and Landlord is provided reasonable time following such notice to repair or maintain the same. In the event that the Premises addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or a material any portion of the maintenance, repair and/or replacement of the HVAC systems serving the Leased Premises are rendered inaccessible or unusable (including, without limitation, contracting for the Permitted Use by reason periodic inspection of Landlord’s breach of its obligations under this Section 6.2 (a “Material Impairment”the HVAC equipment at such time intervals as Landlord may elect), and such Material Impairment continues for five (5) consecutive business days after written notice thereof is received by Landlord and such Material Impairment is not caused by an event of force majeure (as described in Section 16.7), a casualty, a failure on the part of a public utility, or by any act or omission of Tenant, its agents, employees or contractors, Tenant shall be entitled to an abatement of Base Rent and Additional Rent in proportion to the extent to which breach causes such Material Impairment, with such abatement to begin on the sixth (6th) business day after written notice to Landlord of such Material Impairment and continuing until such Material impairment has been cured.

Appears in 1 contract

Samples: Lease Agreement (Knightscope, Inc.)

Landlord’s Obligation to Maintain. If Landlord fails to perform any --------------------------------- repairs required of Landlord under Para. 6.2 of the Lease, and if the lack of such repairs is materially and substantially interfering with Tenant's use and enjoyment of the Premises, and Landlord thereafter fails to make such repairs within forty five (45) days after written notice from Tenant specifying the nature of the repairs and the basis on which they are required, where such repairs could reasonably be cured in forty five (45) day period, or if such breach could not reasonably secured in forty five (45), Landlord fails to commence work on such repairs with said forty five (45) day period or thereafter fails to prosecute the making of such repairs with due diligence within such time period as is reasonably needed, then Tenant may make such repairs under the conditions set forth in the Paragraph. If Tenant proposes to make such repairs, Tenant shall first notify Landlord in writing of its intent to make such repairs, including in such notice a copy of the plans and specifications for the repairs and the identity of the licensed contractor through which Tenant proposes to conduct repairs. Landlord shall repair have ten (10) days following such notice to commence the repairs, and maintain if Landlord does so, Tenant shall have no right to make the repairs, unless Landlord fails to pursue the repairs with due diligence to completion (and, in the event of a failure to pursue repairs to completion, Tenant gives Landlord a new ten (10) day notice under the procedures set forth above and Landlord still fails to diligently pursue the repairs to completion). If Landlord does not do so, Tenant may make the repairs under the following conditions: (i) the roof (including repairs shall be constructed substantially in compliance with the roof membrane) plans and the other structural components specifications of the Project (including without limitation, the footings, the foundation, the structural floor, and the load bearing walls of the Premises and the Project), and which Landlord has received notice; (ii) major parking lot repair the repairs shall be performed by the licensed contractor identified in the notice; (iii) the repairs shall be conducted in compliance with all Laws; and (iv) the repairs shall begin only after (1) all striping in connection required governmental permits and approvals have been granted and (2) Tenant has obtained, and has provided Landlord with a certificate of, contingent liability and broad form builder's risk insurance relating to the parking lot. It is an express condition precedent to of Landlord’s obligations to repair and maintain the Premises that Tenant shall have first notified Landlord in writing performance of the need for such repairs and maintenance. Notwithstanding in a commercially reasonable amount to cover the foregoing, Landlord shall not be responsible for repairs required by an accident, fire or other peril, or for damage caused to any part risks of the Project or the Premisesjob. Repairs performed by Tenant under this Paragraph shall fully comply with all building, in each case to the extent caused by any act or omission of Tenant or Tenant’s Agentselectrical, except as otherwise required by Article 11. Landlord may engage contractors of its choice to perform the obligations required of it by this Articleplumbing, mechanical, structural, and the necessity other codes, and in a good and workmanlike manner, using only new materials of any expenditure to perform such obligations shall be at the sole discretion of Landlordfirst quality. In the event that the Premises or a material portion Tenant makes any such repairs, Tenant shall hue no right to any rent abatement nor termination of the Premises Lease, but shall have the right to pursue whatever other remedies are rendered inaccessible or unusable for allowed by law. LANDLORD: TENANT: KAIROS, LLC, a California limited liability company QuickLogic Corporation a California corporation By Orchard Xxxxxxx Investors, a California general partnership Its Authorized agent By /s/ Anthony S.S. Xxxx Xxxxxxx X.X. Xxxx By /s/ Xxxxxxx X. Xxxxxx VP Finance/Administration Xxxxxxx X. Xxxxxx, Chief Financial Officer Manager ORCHARD XXXXXXX INVESTORS, a California general partnership Date June 24, 1996 By /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx, Manager Date 6/26/96 SITE PLAN (IMAGE OMITTED) EXHIBIT A EXHIBIT B INTERIOR IMPROVEMENT AGREEMENT ------------------------------ THE IMPROVEMENT AGREEMENT is made part of that Lease dated June 17, 1996, (the Permitted Use "Lease") by reason of and between KAIROS, LLC, and Orchard Xxxxxxx Investors ("Landlord’s breach of its obligations under this Section 6.2 (a “Material Impairment”"), and such Material Impairment continues for five Quick-Logic Corporation (5) consecutive business days after written notice thereof is received by "Tenant"). Landlord and such Material Impairment is not caused by an event of force majeure (as described in Section 16.7), a casualty, a failure on Tenant agree that the following terms are part of a public utility, or by any act or omission of Tenant, its agents, employees or contractors, Tenant shall be entitled to an abatement of Base Rent and Additional Rent in proportion to the extent to which breach causes such Material Impairment, with such abatement to begin on the sixth (6th) business day after written notice to Landlord of such Material Impairment and continuing until such Material impairment has been cured.Lease:

Appears in 1 contract

Samples: Acceptance Agreement (Quicklogic Corporation)

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Landlord’s Obligation to Maintain. Landlord shall repair and maintain maintain, in reasonably good condition, except as provided in Sections 11.2 and 12.3, the following: (i) the roof (including the roof membrane) and the other structural components of the Project Building, (including without limitation, ii) the footings, the foundation, the structural floor, and the load bearing walls Common Area of the Premises and the Project)Building, and (iiiii) major parking lot repair the electrical, life safety, plumbing, sewage and all striping in connection with HVAC systems serving the parking lotBuilding, installed or furnished by Landlord. It is an express condition precedent to of Landlord’s all Landlords’ obligations to repair and maintain the Premises that Tenant shall have first notified Landlord in writing of the need for such repairs and maintenance. Notwithstanding It is expressly acknowledged and agreed that the foregoingPermitted Use requires continuous operation of the HVAC systems serving the Premises. Tenant shall notify Landlord of the need for repairs of the HVAC system serving the Premises and, if (a) Tenant is unable to communicate with Landlord; or (b) Landlord is unable to commit to commence repairs within two (2) hours of notice during normal business hours, or within six (6) hours during non-business hours; Tenant may perform such repairs by using Landlord’s HVAC contractor and, to the extent Tenant is not responsible for the cost of such repairs under this Lease, Landlord shall not reimburse Tenant for such reasonable, out-of-pocket costs incurred in connection with such repairs within thirty (30) days after demand and presentation of paid invoices related to such repairs. In addition, promptly after completion of any such repairs by Tenant, Tenant shall provide Landlord with paid invoices for all such repairs. The cost of such maintenance, repair and services shall be responsible for repairs required by an accident, fire or other peril, or for damage caused to any included as part of the Project Direct Expenses unless such maintenance, repairs or the Premisesservices are necessitated, in each case to whole or in part, by the extent caused by any act act, neglect, fault or omission of Tenant or Tenant’s Agents, except as otherwise required by Article 11. Landlord may engage contractors of its choice or such services are to perform the obligations required of it by this Article, and the necessity of any expenditure be a separate charge to perform such obligations shall be at the sole discretion of Landlord. In the event that the Premises or a material portion of the Premises are rendered inaccessible or unusable for the Permitted Use by reason of Landlord’s breach of its obligations under this Section 6.2 (a “Material Impairment”), and such Material Impairment continues for five (5) consecutive business days after written notice thereof is received by Landlord and such Material Impairment is not caused by an event of force majeure (Tenant as described in Section 16.7)7.4, a casualty, a failure on the part of a public utility, or by any act or omission of Tenant, its agents, employees or contractors, in which case Tenant shall be entitled to an abatement of Base Rent and Additional Rent in proportion to the extent to which breach causes such Material Impairment, with such abatement to begin on the sixth (6th) business day after written notice pay to Landlord the cost of such Material Impairment maintenance, repairs and continuing until such Material impairment has been curedservices within ten (10) days following Landlord’s written demand therefor. Tenant hereby waives all rights provided for by the provisions of Sections 1941 and 1942 of the California Civil Code and any present or future Laws regarding Tenant’s right to make repairs at the expense of Landlord and/or to terminate this Lease because of the condition of the Premises.

Appears in 1 contract

Samples: NNN Office Lease (Aridis Pharmaceuticals, Inc.)

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