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

Landlord’s Obligation to Repair. Landlord shall maintain in good condition and repair the foundations, exterior walls and roof of the Building, all exterior windows and window frames, all structural elements of the Building, the Building Systems (including, without limitation, the heating, ventilating and air-conditioning system {except Tenant shall pay all costs for the routine, non-capital maintenance of the heating, ventilating and air-conditioning system in excess of the costs required to maintain a standard system for comparable buildings to the Building for similar tenants, which amount, if the parties are unable to agree, shall be determined by binding arbitration}, plumbing, electrical, life-safety, fire protection, security, and sewer) and the parking areas, landscaping and other exterior portions of the Property; provided, however, Landlord shall not be obligated to repair (i) any defects in the Tenant Improvements (as defined in the Construction Addendum), or (ii) any repairs necessitated by the negligent acts of Tenant or Tenant’s Parties to the extent such repairs are not covered by the insurance that Landlord is required to maintain pursuant to the terms of the Lease. There shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs or improvements in or to any portion of the Building so long as such repairs or improvements are undertaken and accomplished in such manner as to minimize to the extent reasonably possible any disruption to the business operations of Tenant in the Premises; provided, however, in the event the Premises (or a portion thereof) are rendered unusable during and as a consequence of any such repair work undertaken by or on behalf of Landlord, then one (1) day of Rent (or such proportionate amount as relates to the unusable portion of the Premises) shall be abated for every day the Premises (or portion thereof) are rendered unusable.

Landlord’s Obligation to Repair. (1) Subject to the provisions of Article Eight (Damage or Destruction) and Article Nine (Condemnation) and except for damage caused by any act or omission of Tenant, Landlord shall keep the foundation, roof and the structural portions of exterior walls of the improvements of the Demised Premises in good order, condition and repair. Landlord shall maintain the landscaping and paving in good condition and repair the foundationsparking area adjacent to the Demised Premises, exterior walls and roof but shall have the right to bill xxx be reimbursed by Tenant for its allocable share of the Building, all exterior windows and window frames, all structural elements of the Building, the Building Systems (including, without limitation, the heating, ventilating and air-conditioning system {except Tenant such costs. Landlord shall pay all costs for the routine, non-capital maintenance of the heating, ventilating and air-conditioning system in excess of the costs required not be obligated to maintain a standard system for comparable buildings to or repair windows, doors, plate glass or the Building for similar tenants, which amount, if the parties are unable to agree, shall be determined by binding arbitration}, plumbing, electrical, life-safety, fire protection, security, and sewer) and the parking areas, landscaping and other exterior portions surfaces of the Property; provided, howeverwalls. In addition, Landlord shall not be obligated to repair (i) any defects in the Tenant Improvements (as defined in the Construction Addendum), or (ii) make any repairs necessitated under this Section until a reasonable time after receipt of written notice from Tenant of the need of such repairs. If any repairs are required to be made by the negligent acts of Landlord, Tenant or shall, at Tenant’s Parties 's sole cost and expense, promptly remove Tenant's fixtures, inventory, equipment and other property, to the extent such repairs are not covered by the insurance that Landlord is required to maintain pursuant enable Landlord to make such repairs. Landlord's liability hereunder shall be limited to the terms cost of the Lease. There shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs or improvements in or to any portion of the Building so long as such repairs or improvements corrections. Tenant waives the benefit of any present or future law which might give Tenant the right to repair the Demised Premises at Landlord's expense or to terminate the Lease because of the condition. Subject to reimbursement for Tenant's allocable share thereof, Landlord shall maintain the landscaping and parking areas adjacent to the Demised Premises. In making repairs, Landlord will use reasonable efforts to avoid interference with Tenant's operations. If Landlord's repairs are undertaken and accomplished in of such manner a character as to minimize to the extent reasonably possible any disruption to the business operations require closure of Tenant in the Premises; provided, however, in the event the Premises (or a portion thereof) are rendered unusable during and as a consequence of any such repair work undertaken by or on behalf of Landlord, then Tenant's facilities for more than one (1) day of Rent (or such proportionate amount as relates to the unusable portion of the Premises) week, rental shall be abated for every day the Premises such period of closure in excess of one (or portion thereof1) are rendered unusableweek.

Landlord’s Obligation to Repair. (a) If the Premises shall be damaged by fire, the elements, accident or other casualty, including damages or casualties of war (any of such causes being referred to in this Contract as a "Casualty"), and the Casualty is not determined to be the fault of the Tenant or Tenant’s employees direct or indirect actions but the Premises are not thereby be rendered wholly or partially untenantable, then, Landlord shall maintain in good condition cause such damage to be repaired and repair there shall be no abatement of Rental. For purposes of this Section, the foundationsterm “untenantable” shall mean that Landlord has reasonably determined that the Premises cannot be used for the conduct of its usual business. (b) If, exterior walls and roof as the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, Landlord shall cause such damage to be repaired, except for items which are Tenant’s responsibility. Landlord shall advise the Tenant of Landlord’s reasonable estimate of the Buildingtime which will be required to substantially complete its repair. (c) Any repair to be performed by Landlord as a result of a Casualty shall be subject to modifications required by zoning and building codes and other laws then in effect. Landlord’s repairs shall made with reasonable diligence subject to reasonable delays for insurance adjustments, all exterior windows zoning laws, building codes, and window frames, all structural elements other laws then in effect and matters beyond Landlord’s reasonable control. (d) All Rental (except for Percentage Rents) shall be abated proportionately as to the portion of the BuildingPremises rendered untenantable during the period Landlord is performing such repairs. In addition, the Building Systems applicable Breakpoint shall be reduced by the amount obtained by multiplying the applicable Breakpoint by a fraction, the numerator of which shall be the product of the period Landlord is performing such repairs multiplied by the proportion of the Premises rendered untenantable, and the denominator of which shall be the period in which Landlord is performing such repairs. (e) Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, the heatinginventory, ventilating and air-conditioning system {except Tenant shall pay all costs for the routinetrade fixtures, non-capital maintenance of the heatingfloor coverings, ventilating and air-conditioning system in excess of the costs required to maintain a standard system for comparable buildings to the Building for similar tenants, which amount, if the parties are unable to agree, shall be determined by binding arbitration}, plumbing, electrical, life-safety, fire protection, security, and sewer) and the parking areas, landscaping furniture and other exterior portions property removable by Tenant under the provisions of the Property; provided, however, Landlord shall not be obligated to repair (ithis Contract ) any defects in the Tenant Improvements (as defined in the Construction Addendum), or (ii) any repairs necessitated by the negligent acts of Tenant or Tenant’s Parties to the extent such repairs are not covered by the insurance that Landlord is required to maintain pursuant to the terms of the Lease. There shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs or improvements in or to any portion of the Building so long as such repairs or Contract hold improvements are undertaken and accomplished in such manner as to minimize to the extent reasonably possible any disruption to the business operations of Tenant installed in the Premises; provided, however, in the event the Premises (or a portion thereof) are rendered unusable during and as a consequence of any such repair work undertaken by or on behalf of LandlordTenant pursuant to this Contract, then one (1) day including Exhibit C, repair, replacement and restoration of Rent (or such proportionate amount as relates to the unusable portion of the Premises) which shall be abated for every day Tenant’s responsibility. (f) Tenant will commence and proceed with reasonable diligence to repair, replace and restore its Contract hold improvements in accordance with the terms of this Contract applicable to work performed by Tenant, including the terms of Exhibit C. Tenant will take such action as is necessary to make available applicable insurance proceeds on Tenant's Contract hold improvements and personal property in the Premises (or portion thereof) are rendered unusablewhich Tenant is required to insure.

Landlord’s Obligation to Repair. Landlord shall maintain in good condition and repair the foundations, exterior walls and roof of the Building, all exterior windows and window frames, all structural elements of the Building, the Building Systems (including, without limitation, the heating, ventilating and air-conditioning system {(except Tenant shall pay all costs for the routine, non-capital maintenance of the heating, ventilating and air-conditioning system in excess of the costs required to maintain a standard system for comparable buildings to the Building for similar tenants, which amount, if the parties are unable to agree, shall be determined 13 by binding arbitration}), plumbing, electrical, life-safety, fire protection, security, and sewer) and the parking areas, landscaping and other exterior portions of the Property; provided, however, Landlord shall not be obligated to repair (i) any defects in the Tenant Improvements (as defined in the Construction Addendum)Improvements, or (ii) any repairs necessitated by the negligent acts of Tenant or Tenant’s 's Parties to the extent such repairs are not actually covered by the insurance that Landlord is carrying or would have been covered at the time of the repair by insurance Landlord is required to maintain pursuant to the terms of the Lease. There shall be no allowance to Tenant for a diminution of rental value, and no liability on the part Tenant waives any claim for, and Landlord shall not be responsible to Tenant for any damage to person, including death, to property, for loss of Landlord by reason income due to inconvenience, interruption, loss of inconvenienceaccess, annoyance or injury to business arising from the making of any repairs or improvements in or to any portion of the Premises or Building or as a consequence of any cessation of services (subject to the rights of Tenant to such self help and rent abatement as is specifically provided for in the Lease) so long as such repairs or improvements and/or restoration of services are sought or are undertaken and accomplished in such manner as to minimize to the extent reasonably possible any disruption to the business operations of Tenant in the Premises; , provided, however, in the event the Premises (or a portion thereof) are rendered unusable during and as a consequence of any such repair work undertaken by or on behalf of Landlord, then one (1) day of Rent (or such proportionate amount as relates to the actually unusable portion of the Premises) shall be abated for every day the Premises (or portion thereof) are rendered unusable.