LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN Sample Clauses

LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. (1) Landlord, at its own cost and expense, shall maintain the structural soundness of the Building's roof, foundation and exterior walls in good repair, except for reasonable wear and tear and except for damage caused by any act or omission of Tenant or any Tenant Party or their invitees. Landlord may elect to repair any damage caused by Tenant or any Tenant Party or their invitees, and if Landlord so elects, Tenant shall pay Landlord the cost or anticipated cost of such repair on demand, subject to Paragraph 13C hereof. The term WALLS as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant shall promptly give Landlord written notice of any defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect.
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LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. Subject to Articles 3.3, 12.1 and 23, Landlord covenants and agrees to maintain, repair, replace and keep the Common Areas (as hereinafter defined) and those portions of the Shopping Center containing rentable areas that consist of foundations, exterior weather walls (excluding storefronts and glass), structural sub floors and the structural portions of bearing walls and structural columns and beams in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations of governmental authorities having jurisdiction.
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LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. Landlord shall (except as otherwise provided in Section 8.02 herein) keep and maintain in good repair and working order and perform necessary maintenance upon the Building and the Common Building Facilities and all parts thereof (exclusive of the Leased Premises), including, but not limited to, the roof, parking areas, elevators, lighting, HVAC (other than supplemental HVAC units which hereafter may be installed by Tenant), plumbing, floors, corridors, windows, window frames, common area lobbies and equipment within and serving the Building (exclusive of the Leased Premises). Landlord shall keep and maintain in good repair and working order the HVAC system currently serving the Leased Premises (other than supplemental units, as aforesaid) and existing plumbing therein unless damaged by reason of Tenant's negligence or wilful misconduct. Notwithstanding the foregoing, Landlord shall not be obligated to make and repair or perform any maintenance which Tenant is obligated to make or perform pursuant to Section 8.02 of this Lease.
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LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. Landlord shall be responsible for repairing and maintaining the Demised Premises in good condition and for making such modification or replacements thereof as may be necessary or required by law or ordinance, specifically for the following: ○ Foundation and structural components of the building ○ Exterior walls but excluding (windows, doors, window and door frames, plate glass) ○ Rxxx, xxxxxxx and downspouts ○ Parking lot ○ Driveway ○ Sidewalks However, Tenant shall reimburse Landlord for any such maintenance, repairs, or replacements made necessary by any acts of Tenant. Landlord reserves and at all times shall have the right to enter the Demised Premises in any emergency and also during regular business hours upon advance written notice to inspect the same, and to repair the Demised Premises and any portion of the Real Property or Common Area, without abatement of Rent.
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LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. Landlord shall, at its sole cost and expense (except as otherwise provided herein) such cost and expense to be Operating Expenses, keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon the Building, the base building systems within the Leased Premises and the Common Building Facilities and all parts thereof, including, but not limited to, the ceilings, lighting, base building HVAC, plumbing, walls, floors, corridors, lobbies, and base building equipment within and serving the Leased Premises and the Building (including the Building Parking Garage and Additional Parking Area) which are required in the normal maintenance and operation of the Leased Premises and the Building.
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LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. Subject to -------------------------------------------- paragraphs 4.3, 15 and 19, Landlord covenants and agrees to maintain, repair, replace and keep the Common Areas (as hereinafter defined) and those portions of the Shopping Center containing rentable areas that consist of foundations, exterior weather walls (excluding storefronts and glass), structural subfloors and roofs, the structural portions of bearing walls and structural columns and beams, in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations of governmental authorities having jurisdiction.
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LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. Subject to the terms of this Lease respecting the damage or destruction of the Subject Property, the Landlord shall repair, maintain and keep the Building structure, Common Areas and Lands and all improvements, appurtenances and equipment therein in good repair and condition. This shall include replacements and renewals of improvements, appurtenances and equipment when appropriate, as well as reasonable janitorial services, landscaping services, repairs (including roof and building envelope) and maintenance. The cost of doing so shall be included in the Common Costs. This shall not include the obligation to repair or maintain the Leased Premises for which the Tenant is responsible.
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LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN. The Landlord shall at all times during the Term: keep or cause to be kept in good repair, order and condition: the Common Facilities; the portions of buildings containing rentable premises in the Development including the Leased Premises which portions consist of foundations, exterior weather walls (excluding entrances and glass), structural subfloors and roofs, the structural portions of bearing walls and structural columns and beams; all damage to the Development covered by warranties or guarantees received by the Landlord from contractors and suppliers; and all damage to the Leased Premises which is covered by any insurance effected by the Landlord pursuant to clause 13.1, to the extent of the proceeds of such insurance applicable thereto; provided that if any destruction or damage of the Development obligates the Landlord in repairing to undertake any substantial rebuilding, the Landlord in lieu of repairing the destruction or damage may rebuild in accordance with any plan chosen by the Landlord provided clause 9.4 is complied with; and keep the Common Facilities well maintained, clean, tidy and consistent with the standard of similar high quality developments, including the removal of refuse and litter therefrom and the removal of snow from parking areas and facilities when and to the extent reasonably required, the maintenance of striping and signs in parking areas and facilities and the maintenance of landscaped areas in the Common Facilities; assign to or enforce for the benefit of the Tenant all warranties it may have received from its contractors and suppliers related to improvements which the Tenant is obligated to maintain and repair pursuant to clause 9.2.
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Related to LANDLORD'S OBLIGATION TO REPAIR AND MAINTAIN

  • Landlord's Obligation Except as hereinafter provided in this Section 11.2 Landlord shall not be required to make any alterations, reconstructions, replacements, changes, additions, improvements or repairs of any kind or nature whatsoever to the Premises or any portion thereof (including, without limitation, any portion of the Improvements or any FF&E) at any time during the Term of this Lease. Landlord agrees that it shall be Landlord's responsibility to make and pay for major repairs, alterations, improvements, renewals, replacements or additions to the Premises, structure, roof or exterior facade, and to its mechanical, electrical, heating, ventilating air conditioning, plumbing and vertical transportation systems (all of the foregoing the "Major Repairs"). In this regard, Tenant shall prepare and deliver to Landlord for its review and approval, an annual estimate (the "Building Estimate") of the expenses necessary for Major Repairs which Tenant believes should be made to the Premises for the following Lease Year, which Building Estimate shall be submitted to Landlord for its review and approval not later than sixty (60) days prior to the commencement of each calendar year during the Term hereof. Tenant acknowledges and agrees that the terms of Section 23.9 shall not be applicable to this Section 11.2 and any Major Repairs not approved by Landlord shall not be made; provided, however, that Landlord agrees that it will not withhold its consent with respect to Major Repairs which are required by reason of any law, ordinance, regulation or order of governmental authority having jurisdiction (as determined by Landlord in its reasonable judgement) for the continued safe and orderly operation of the Premises or which are required by the Franchise Agreement or which are required in the case of an emergency. If the Landlord does not approve the Building Estimate or any Major Repair contemplated therein, the parties shall attempt in good faith during the subsequent thirty (30) day period to resolve any disputes, which attempts shall include, if requested by either party, at least one meeting of executive-level officers of Landlord and Tenant. In the event that the parties are still not able to reach agreement on the Building Estimate for any particular Lease Year after complying with the foregoing requirements of this Section 11.2, the parties shall adopt such portions of the Building Estimate as they may have agreed upon and any matters not agreed upon shall be referred to arbitration. Pending the results of such arbitration or the earlier agreement of the parties, no Major Repairs shall be made unless the same are set forth in a previously approved Building Estimate or are specifically required by Landlord or otherwise required in case of emergency as aforesaid. With respect to any such matter to be submitted to arbitration, Landlord shall be entitled to designate any nationally recognized accounting firm with a hospitality division of which Landlord or an Affiliate of Landlord is not a significant client to serve as arbitrator of such dispute within fifteen (15) days after written demand for arbitration is received or sent by Landlord. In the event Landlord fails to make such designation within such fifteen (15) day period, Tenant shall be entitled to designate any nationally recognized accounting firm with a hospitality division of which Tenant or an Affiliate of Tenant is not a significant client to serve as arbitrator of such dispute within fifteen (15) days after Landlord fails to timely make such designation. In the event no nationally recognized accounting firm satisfying such qualifications is available and willing to serve as arbitrator, the arbitrator shall be appointed by the American Arbitration Association from among the members of its panel who are qualified and who have experience in resolving matters of a nature similar to the matter to be resolved by arbitration. In any event a single arbitrator shall be designated and shall resolve the dispute. The arbitrator's decision shall be binding on all parties and shall not be subject to further review or appeal except as otherwise allowed by applicable law. Upon failure of either party to comply with the arbitrator's decision, the arbitrator shall be empowered at the request of the other party to order such compliance by the non-complying party and to supervise or arrange for the supervision of the non-complying party to comply with the arbitrator's decision, all at the expense of the non-complying party. To the maximum extent possible, the arbitrator and the parties, and the American Arbitration Association, if applicable, shall take any action necessary to ensure that the arbitration shall be concluded within ninety (90) days following such dispute. The fees and expenses of the arbitrator shall be shared equally by the Landlord and the Tenant. Unless otherwise agreed to in writing by the parties or required by the arbitrator or the American Arbitration Association, if applicable, arbitration proceedings hereunder shall be conducted in the state where the Premises are located. Notwithstanding formal rules of evidence, each party may submit such evidence as each party deems appropriate to support its position and the arbitrator shall have access to and the right to examine all books and records of Landlord and Tenant regarding the Premises during such arbitration. In the event of the receipt by Tenant of a governmental order or other circumstances ascribed in the preceding sentence, Tenant shall promptly deliver the same to Landlord. The cost of Major Repairs shall be borne by Landlord and upon funding of the same by Landlord, Base Rent shall be adjusted as hereinafter provided in this paragraph. Landlord and Tenant acknowledge and agree that in the event that funding is necessary for Major Repairs, Landlord shall provide the funds required for such expenditures ("Additional Capital Investment") and Base Rent shall be increased by the amount necessary to provide a per annum yield on the Additional Capital Investment equal to the greater of (a) ten percent 10.00% or (b) the yield on the ten-year U.S. Treasury Securities (at the time the Additional Capital Investment is requested by Tenant), plus 375 basis points.

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