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

Landlord’s Obligation to Maintain. 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 utility systems serving the Common Areas and all parts thereof. Additionally, if there are utility facilities serving portions of the Common Area, and the Leased Premises, or the Leased Premises and other parts of the 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 operate (and replace when necessary) such equipment. Landlord shall not be responsible for any such repairs, maintenance or replacements required by any accident, fire or other peril except as otherwise required by Article 11, or for damage caused to any part of the Leased Premises by any act, negligence or omission of Tenant or its agents contractors, employees 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 provision, 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 addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or any portion of the maintenance, repair and/or replacement of the HVAC systems serving the Leased Premises (including, without limitation, contracting for the periodic inspection of the HVAC equipment at such time intervals as Landlord may elect).

Landlord’s Obligation to Maintain. Subject to Landlord shall repair and maintain, in reasonably good condition, except as provided in Sections 11.2 and 12.3, the provisions following: (i) the structural components of paragraph 6.1 the Building, (Tenant's Obligation to Maintain), Article 11 (Damage to Leased Premises)ii) the Common Area of the Building, and Article 12 (Condemnation)iii) the electrical, Landlordlife safety, subject to the reimbursement requirements of Section 6.3 belowplumbing, shall keep in good order, condition sewage 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 utility HVAC systems serving the Common Areas and all parts thereof. AdditionallyBuilding, if there are utility facilities serving portions of the Common Area, and the Leased Premises, installed or the Leased Premises and other parts of the 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 operate (and replace when necessary) such equipment. Landlord shall not be responsible for any such repairs, maintenance or replacements required furnished by any accident, fire or other peril except as otherwise required by Article 11, or for damage caused to any part of the Leased Premises by any act, negligence or omission of Tenant or its agents contractors, employees 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 provision, 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 Landlords’ obligations of Landlord to repair and maintain that Tenant shall have first notified Landlord, Landlord in writing, writing of the need for such repairs and maintenance maintenance. It is expressly acknowledged and Landlord is provided reasonable time following such notice to repair or maintain agreed that the same. In addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or any portion of the maintenance, repair and/or replacement Permitted Use requires continuous operation of the HVAC systems serving the Leased Premises (including, without limitation, contracting Premises. Tenant shall notify Landlord of the need for the periodic inspection repairs of the HVAC equipment 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 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 included as part of Direct Expenses unless such maintenance, repairs or services are necessitated, in whole or in part, by the act, neglect, fault or omission of Tenant or Tenant’s Agents, or such services are to be a separate charge to Tenant as described in Section 7.4, in which case Tenant shall pay to Landlord the cost of such maintenance, repairs and services 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 such time intervals as the expense of Landlord may elect)and/or to terminate this Lease because of the condition of the Premises.

Landlord’s Obligation to Maintain. Subject to Unless otherwise set forth in this --------------------------------- Lease, during 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 utility systems serving the Common Areas and all parts thereof. Additionally, if there are utility facilities serving portions of the Common Area, and the Leased Premises, or the Leased Premises and other parts of the Property which are leased or are for lease to other partiesLease Term, Landlord shall, subject to the reimbursement requirements of Section 6.3 below, maintain and operate (and replace when necessary) such equipment. Landlord shall not be responsible for the following, without right of reimbursement from Tenant (except to the extent any such repairs, maintenance or replacements required by any accident, fire or other peril except as otherwise required by Article 11, or for damage caused to any part of the Leased Premises following are caused by any act, negligence or omission of Tenant or its agents contractorsTenant's agents, employees or invitees. ): A. Landlord shall not be obligated to paint the exterior or interior surfaces of exterior walls nor shall Landlord be obligated to maintain, repair or and replace windows, doors or plate glass when necessary all structural parts 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 provision, 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 addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or any portion of the maintenance, repair and/or replacement of the HVAC systems serving the Leased Premises Building (including, without limitation, contracting the foundation, floor slab, load-bearing walls and roof system (excluding the roof membrane)). B. Landlord shall correct defects in design and construction of, and violations of Law relating to, the Improvements (but not Tenant's use and excluding Tenant's Leasehold Improvements) which Laws existed as of the date the building permits for the periodic inspection Improvements were issued. C. Landlord shall be responsible for replacing when necessary because of age or wear and tear any part of the Building, including HVAC equipment equipment, (excluding Leasehold Improvements and replacements necessitated by misuse or abuse by Tenant, or Tenant's employees, agents or invitees) and areas outside of the Building (e.g., replacement of parking area) where (a) the useful ---- life of the replacement will extend beyond the remaining Lease Term (excluding options to extend that have not yet been exercised) and (b) the cost of the replacement (and all other replacements commenced within the same calendar year) exceeds twenty percent (20%) of the then prevailing Monthly Base Rent. If Landlord is responsible for a replacement, then Landlord shall make such replacement at its sole expense, but the cost thereof shall be amortized and Tenant shall pay Additional Rent on account of such time intervals as Landlord may elect).amortization in accordance with the procedures set forth in Article 5.4

Landlord’s Obligation to Maintain. Subject to the provisions of paragraph 6.1 (Tenant's ’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 utility systems serving the Common Areas and all parts thereof. Additionally, if there are utility facilities serving portions of the Common Area, and the Leased Premises, or the Leased Premises and other parts of the 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 operate (and replace when necessary) such equipment. Landlord shall not be responsible for any such repairs, maintenance or replacements required by any accident, fire or other peril except as otherwise required by Article 11, or for damage caused to any part of the Leased Premises by any act, negligence or omission of Tenant or its agents contractors, employees 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 provision, 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 addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or any portion of the maintenance, repair and/or replacement of the HVAC systems serving the Leased Premises (including, without limitation, contracting for the periodic inspection of the HVAC equipment at such time intervals as Landlord may elect).

Landlord’s Obligation to Maintain. Subject to Landlord shall repair and maintain, in reasonably good condition, except as provided in Sections 11.2 and 12.3, the provisions following: (i) the structural components of paragraph 6.1 the Building, (Tenant's Obligation to Maintain), Article 11 (Damage to Leased Premises)ii) the Common Area of the Building, and Article 12 (Condemnation)iii) the electrical, Landlordlife safety, subject to the reimbursement requirements of Section 6.3 belowplumbing, shall keep in good order, condition sewage 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 utility HVAC systems serving the Common Areas and all parts thereof. AdditionallyBuilding, if there are utility facilities serving portions of the Common Area, and the Leased Premises, installed or the Leased Premises and other parts of the 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 operate (and replace when necessary) such equipment. Landlord shall not be responsible for any such repairs, maintenance or replacements required furnished by any accident, fire or other peril except as otherwise required by Article 11, or for damage caused to any part of the Leased Premises by any act, negligence or omission of Tenant or its agents contractors, employees 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 provision, 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 Landlord’s obligations of Landlord to repair and maintain that Tenant shall have first notified Landlord, Landlord in writing, writing of the need for such repairs and maintenance and Landlord is provided reasonable time following maintenance. The cost of such notice to repair or maintain the same. In addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or any portion of the maintenance, repair and/or replacement and services shall be included as part of Direct Expenses unless such maintenance, repairs or services are necessitated, in whole or in part, by the act, neglect, fault or omission of Tenant or Tenant’s Agents, or such services are to be a separate charge to Tenant, in which case Tenant shall pay to Landlord the cost of such maintenance, repairs and services within ten (10) days following Landlord’s written demand therefore. Tenant hereby waives all rights provided for by the provisions of Sections 1941 and 1942 of the HVAC systems serving California Civil Code and any present or future Laws regarding Tenant’s right to make repairs at the Leased Premises (including, without limitation, contracting for the periodic inspection expense of Landlord and/or to terminate this Lease because of the HVAC equipment condition of the Premises. Landlord warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilation and air conditioning systems and all such elements in the Premises shall be in good operating condition on the Commencement Date. If non-compliance with such warranty exists as of the Commencement Date, or if such systems or elements should malfunction or fail within the appropriate warranty period, Landlord shall, as Landlord’s sole obligation with respect to such matter, promptly after receipt of written notice to Landlord setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Landlord’s expense. The Warranty Periods shall be as follows: (i) Two (2) months to the ventilation and air conditioning systems, and (ii) one (1) month as to the remaining systems and other elements of the Premises. If Tenant does not give Landlord the required notice within the appropriate warranty period, correction of any such time intervals as Landlord may elect)non-compliance malfunction or failure shall be the obligation of Tenant at Tenant’s sole cost and expense.

Landlord’s Obligation to Maintain. Subject to the provisions of paragraph 6.1 (Tenant's Obligation to Maintain), Article 11 (Damage to Leased Premises), Landlord shall repair 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 utility systems serving the Common Areas and all parts thereof. Additionally, if there are utility facilities serving portions of maintain the Common Area, the roof, the exterior and the Leased Premises, or the Leased Premises and other structural parts of the Property which Building and the mechanical, electrical, HVAC, plumbing, sewage and life safety systems in the Building not located within or exclusively serving the Premises, so that the same are leased or are for lease to other partieskept in good order and repair. The cost of any maintenance, Landlord shall, subject to the reimbursement requirements of Section 6.3 below, maintain and operate (and replace when necessary) such equipment. Landlord shall not be responsible for any such repairs, maintenance replacements or replacements required restorations necessitated by any accident, fire or other peril except as otherwise required by Article 11, or for damage caused to any part of the Leased Premises by any act, negligence or omission willful misconduct of Tenant or its agents contractorsAgents, employees or invitees. Landlord shall not be obligated together with an administrative charge in an amount equal 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 ten percent (10%) of the Leased Premises. cost thereof, shall be paid by Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this LeaseLandlord immediately upon written demand. Landlord may engage contractors of its choice to perform the obligations required of it by this provisionArticle, 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 Subject to all obligations of Landlord to repair and maintain that the following sentence. Tenant shall have notified not be entitled to any allowance, abatement, compensation or damages from Landlord, for diminution of rental value or for loss or interruption of business, or otherwise, arising from Landlord, Tenant or others making any repairs, restorations, replacements, alterations, additions or improvements in writing, of the need for such repairs and maintenance and Landlord is provided reasonable time following such notice or to repair or maintain the same. In addition, Landlord may, in Landlord's sole discretion, and at Tenant's sole cost, elect to contract for all or any portion of the maintenanceBuilding or the Premises, repair and/or replacement or in or to fixtures, appurtenances or equipment thereof, or from other tenants failing to make repairs. In making such repairs, restorations, replacements, alterations, additions or improvements by Landlord, Landlord shall use reasonable efforts to minimize disruption to Tenant’s use of the HVAC systems serving Premises as a result of the Leased same (which reasonable efforts shall not require Landlord to perform work outside of normal business hours); provided, however, that if such repairs, restorations, replacements, alterations, additions or improvements by Landlord (a) continue for two (2) consecutive business days and (b) as a result the Premises are rendered untenantable and Tenant actually ceases to use the Premises, commencing on the third (including3rd) consecutive business day thereof, without limitationTenant shall, contracting as its sole remedy, be entitled to an equitable diminution of rent based upon the pro rata portion of the Premises which is rendered unfit for occupancy for the periodic inspection of permitted use and actually not used by Tenant, except to the HVAC equipment extent such repairs, restorations, replacements, alterations, additions or improvements by Landlord are in connection with damage caused by Tenant or its employees, agents, contractors, invitees, or licensees or are otherwise at such time intervals as Landlord may elect)Tenant’s request.