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

Landlord’s Obligation to Repair. Throughout the Lease Term, Landlord will maintain the Building in a manner consistent with a first class office building in midtown Manhattan, and, except as otherwise provided in this Lease, Landlord shall, throughout the Lease Term, keep and maintain in good order, condition and repair: (a) the roof, the exterior and load bearing walls (including exterior windows), the foundation, the structural floor slabs and other structural elements of the Building; and (b) the common areas and facilities of the Building, including the lobby of the Building, common elevator lobbies, (but excluding elevator lobbies on floors leased entirely by a single tenant), core lavatories (but excluding any Alterations made by Tenant to core lavatories located on floors leased entirely to Tenant), fire stairs, HVAC (including base building equipment associated with the HVAC such as finned tube radiators and hot water coils), plumbing, Building electrical system (other than items installed by tenants or the utility companies) and other Building systems and equipment servicing the Premises (other than any supplementary or accessory HVAC, and telecommunication/computer systems and/or any item of such equipment exclusively serving the Premises). Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressly provided in this Section 7.1, unless expressly otherwise provided in this Lease. Tenant shall promptly give Landlord notice of any damage to the Premises or the Building (whether or not caused by Tenant) or of any defects in any portion thereof or in any fixtures or equipment therein promptly after Tenant first learns thereof (to the extent that Landlord does not already have knowledge thereof), but Tenant’s failure to do so shall not, in and of itself, result in any liability of Tenant (unless such failure was unreasonable under the circumstances) nor relieve Landlord of any of its obligations under this Lease. In making any repairs, alterations, additions or improvements in the Premises, Landlord shall, use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called “overtime” or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless such work will materially interfere with Tenant’s business operations in the Premises, provided, however, that Landlord shall not be required to perform such work on an “overtime” basis to the extent that such work was requested by Tenant or would not have been needed but for a violation by Tenant of its obligations under this Lease.

Landlord’s Obligation to Repair. Throughout the Lease Term, Landlord will maintain the Building in a manner consistent with a first class office building in midtown Manhattan, and, except Except as otherwise provided in this Lease, Landlord shall, throughout the Lease Term, keep and maintain in good first class order, condition and repair, similar to other comparable office buildings in the Boston Central Business District: (a) the roof, the exterior and load bearing walls (including exterior windows), the foundation, the structural floor slabs and other structural elements of the Building; and; (b) the life safety, alarm and security systems serving the Building, except for those portions contained within and serving the Premises or constructed as part of Tenant's Work; and (c) the other common areas and facilities of the Building, including the lobby of the Building, common elevator lobbies, (but excluding elevator lobbies on floors leased entirely by a single tenant), core lavatories (but excluding any Alterations made by Tenant to core lavatories located on floors leased entirely to Tenant), fire stairsHVAC, HVAC (including base building equipment associated with the HVAC such as finned tube radiators and hot water coils)ducts, plumbing, Building electrical system (other than items installed by tenants or the utility companies) plumbing and other Building systems and equipment servicing the Premises Premises, as any of the foregoing may have been modified by a Base Building Modification, as defined in Exhibit C (other than any supplementary or accessory HVAC, and telecommunication/computer systems and/or any item of such equipment exclusively serving constructed as a part of Tenant's Work or by Tenant as an Alteration), and landscaping on the Premises)Land. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressly provided in this Section 7.1, unless expressly otherwise provided in this Lease. Tenant shall promptly give Landlord notice of any damage to the Premises or the Building (whether or not caused by Tenant) or of any defects in any portion thereof or in any fixtures or equipment therein promptly after Tenant first learns thereof (to the extent that Landlord does not already have knowledge thereof), but Tenant’s failure to do so shall not, in and of itself, result in any liability of Tenant (unless such failure was unreasonable under the circumstances) nor relieve Landlord of any of its obligations under this Lease. In making any repairs, alterations, additions or improvements in the Premises, Landlord shall, use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called “overtime” or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless such work will materially interfere with Tenant’s business operations in the Premises, provided, however, that Landlord shall not be required to perform such work on an “overtime” basis to the extent that such work was requested defects are reasonably observable by Tenant. Tenant's failure to give such notice to Landlord shall not relieve Landlord of any obligation to make repairs which Landlord shall have pursuant to this Section 7.1, provided that Landlord shall have actual knowledge of the need to make such repairs. Landlord shall give Tenant at least ten (10) Operating Days advance notice of any regularly scheduled cessation or would not have been needed but for a violation by Tenant interruption of its obligations under this LeaseLandlord's services.

Landlord’s Obligation to Repair. Throughout the Lease Term, Landlord will maintain the Building in a manner consistent with a first class office building in midtown Manhattan, and, except Except as otherwise provided in this Lease, Landlord shallshall (or with respect to the Common Elements, shall cause the Board to), throughout the Lease Term, operate, keep and maintain in good order, condition and repairrepair in a manner consistent with a Class A office building in midtown Manhattan: (a) the roof, the exterior and load bearing walls (including exterior windows), the foundation, the structural floor slabs and other structural elements of the Building; andUnit; (b) the common areas and facilities of the Building, including the lobby of the BuildingHVAC, common elevator lobbies, (but excluding elevator lobbies on floors leased entirely by a single tenant), core lavatories (but excluding any Alterations made by Tenant to core lavatories located on floors leased entirely to Tenant), fire stairs, HVAC (including base building equipment associated with the HVAC such as finned tube radiators and hot water coils), plumbing, Building electrical system (other than items installed by tenants or the utility companies) plumbing and other Building systems and equipment servicing the Premises (other than any supplementary or accessory HVAC, and telecommunication/computer systems and/or any item of such equipment exclusively serving the Premises); and (c) make any of the repairs and/or replacements which, under the provisions of Section 7.2 hereof, it is Tenant’s obligation to make and perform, if, when and to the extent the necessity for such repairs results from the negligence or willful misconduct of Landlord or its agents, employees or contractors, but subject always to Section 11.7 hereof. Neither Landlord nor the Board shall not be responsible to make any improvements or repairs to the Unit, Building or the Premises other than as expressly provided in this Section 7.1, unless expressly otherwise provided in this Lease. Tenant shall promptly give Landlord notice of any damage to the Premises Premises, the Unit or the Building (whether or not caused by Tenant) or of any defects in any portion thereof or in any fixtures or equipment therein promptly after Tenant first learns thereof (to the extent that Landlord does not already have knowledge thereof), but Tenant’s failure to do so shall not, in and of itself, result in any liability of Tenant (unless such failure was unreasonable under the circumstances) nor relieve Landlord of any of its obligations under this Lease. In making any repairs, alterations, additions or improvements in the Premises, Landlord shall, use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises; provided, however, it being understood that the foregoing shall in no event obligate Landlord shall have no obligation or the Board to employ contractors or labor at so-called do such work on an “overtime” or other premium pay rates or to incur any other overtime costs or expenses whatsoever basis unless such work will materially interfere with Tenant’s business operations in the Premises, ; provided, however, that Landlord shall not be required to perform such work on an “overtime” basis to the extent that such work was requested by Tenant or would not have been needed but for a violation by Tenant of its obligations under this LeaseLease unless Tenant agrees to pay the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such work, including all fringe benefits and other elements of such pay rates, for such labor and any other out-of-pocket overtime costs or expenses reasonably incurred.

Landlord’s Obligation to Repair. Throughout the Lease Term, Landlord will maintain the Building in a manner consistent with a first class office building in midtown Manhattan, and, except Except as otherwise provided in this Lease, Landlord shall, throughout the Lease Term, keep and maintain in good first class order, condition and repair, similar to other comparable office buildings in the Boston Central Business District: (a) the roof, the exterior and load bearing walls (including exterior windows), the foundation, the structural floor slabs and other structural elements of the Building; and; (b) the life safety, alarm and security systems serving the Building, except for those portions contained within and serving the Premises or constructed as part of Tenant’s Work; and (c) the other common areas and facilities of the Building, including the lobby of the Building, common elevator lobbies, (but excluding elevator lobbies on floors leased entirely by a single tenant), core lavatories (but excluding any Alterations made by Tenant to core lavatories located on floors leased entirely to Tenant), fire stairsHVAC, HVAC (including base building equipment associated with the HVAC such as finned tube radiators and hot water coils)ducts, plumbing, Building electrical system (other than items installed by tenants or the utility companies) plumbing and other Building systems and equipment servicing the Premises Premises, as any of the foregoing may have been modified by a Base Building Modification, as defined in Exhibit C (other than any supplementary or accessory HVAC, and telecommunication/computer systems and/or any item of such equipment exclusively serving constructed as a part of Tenant’s Work or by Tenant as an Alteration), and landscaping on the Premises)Land. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressly provided in this Section 7.1, unless expressly otherwise provided in this Lease. Tenant shall promptly give Landlord notice of any damage to the Premises or the Building (whether or not caused by Tenant) or of any defects in any portion thereof or in any fixtures or equipment therein promptly after Tenant first learns thereof (to the extent that Landlord does not already have knowledge thereof), but Tenant’s failure to do so shall not, in and of itself, result in any liability of Tenant (unless such failure was unreasonable under the circumstances) nor relieve Landlord of any of its obligations under this Lease. In making any repairs, alterations, additions or improvements in the Premises, Landlord shall, use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called “overtime” or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless such work will materially interfere with Tenant’s business operations in the Premises, provided, however, that Landlord shall not be required to perform such work on an “overtime” basis to the extent that such work was requested defects are reasonably observable by Tenant. Tenant’s failure to give such notice to Landlord shall not relieve Landlord of any obligation to make repairs which Landlord shall have pursuant to this Section 7.1, provided that Landlord shall have actual knowledge of the need to make such repairs. Landlord shall give Tenant at least ten (10) Operating Days advance notice of any regularly scheduled cessation or would not have been needed but for a violation by Tenant interruption of its obligations under this LeaseLandlord’s services.