Common use of Landlord’s Obligations of Maintenance, Repair and Replacement Clause in Contracts

Landlord’s Obligations of Maintenance, Repair and Replacement. Subject to the conditions set forth herein and the provisions of Paragraph 13 hereof and notwithstanding the preceding Paragraph 9(b), Landlord shall repair and maintain only the roof, foundation and load-bearing walls of the Building and the Leased Premises, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, any sprinkler system installed by Landlord for the control of fire, and underground utility, sewer pipes, water lines, electric lines to the Leased Premises (unless such utilities and pipes are required to be maintained by a third party) plumbing, pipes, electrical wiring and conduits which are part of the base building, HVAC duct work and replacement of air handlers unless such maintenance and repair are caused in part or in whole by breaking or entering or the act, omission or negligence of Tenant, its agents, employees or contractors, in which event the maintenance, repair or replacement shall be paid by Tenant. None of such persons shall be permitted upon the roof of the Leased Premises or other buildings in the Project for any reason without the Landlord’s prior written consent except in the case of an emergency or unless access is required by Tenant to repair or maintain a system installed by Tenant or on Tenant’s behalf on the roof provided prior notice is given to Landlord, said repair does not involve disturbing a roof penetration already made or installing a new roof penetration and said repair can be undertaken and completed without damaging the roof. Tenant hereby agrees to indemnify Landlord for all damages suffered by Landlord as a result of Tenant’s use of the roof access rights granted hereby and Landlord will have no obligations with respect to maintenance or repair of the roof if Tenant, its agents, servants, employees or invitees enter upon the roof of the Leased Premises without prior written consent as required hereby (except in an emergency) regardless of whether such entry caused or necessitated the need for such repair or maintenance. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant. In the event Tenant fails to notify Landlord in accordance herewith of any defective condition actually known to Tenant which Landlord is required to repair hereunder and if Landlord does not have actual notice of the condition, Tenant shall be responsible to Landlord for any extraordinary costs and expenses, as well as damages and liabilities incurred by Landlord which are proximately caused by Tenant’s failure to so notify Landlord. Except in the case of Landlord’s negligence, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements in or to any portion of the Leased Premises or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord’s expense or to withhold rent for non-repair under any law, statute or ordinance now or hereafter in effect except in the event of an emergency. Except for the repair, replacement and maintenance obligations of the Landlord relating to the foundation, load-bearing walls, exterior wall assemblies or a weather wall, sub-flooring, structural columns and beams, Landlord shall be entitled to reimbursement for repair, maintenance and replacement made by Landlord unless such expenses will be capitalized over a period of greater than five (5) years under GAAP, this Lease otherwise constituting a “triple net” lease as between Tenant and Landlord.

Landlord’s Obligations of Maintenance, Repair and Replacement. Subject to the conditions set forth herein and the provisions of Paragraph 13 hereof and notwithstanding the preceding Paragraph 9(b), Landlord shall repair and maintain only the roof, foundation and load-bearing walls of the Building and the Leased Premises, exterior wall assemblies, exterior weather walls, exterior doors, window casements, subfloor, structural columns and beams, any sprinkler system installed by Landlord for the control of fire, underground water and underground utility, sewer pipes, water lines, electric lines pipes to the Leased Premises point of connection with plumbing fixtures (unless such utilities and pipes are required to be maintained by a third party) plumbing), pipes, electrical wiring and conduits which are part of electric wires from the base building, HVAC duct work and replacement of air handlers transformer up to the main breaker located at the Leased Premises (unless such maintenance utilities, wires and repair equipment are required to be maintained by a third party). All repairs and replacements to the Leased Premises caused in part or in whole by breaking or entering or the act, omission or negligence of Tenant, its agents, employees or contractors, in which event the maintenance, repair or replacement shall be paid by Tenant. None of such persons shall be permitted upon the roof of the Leased Premises or other buildings in the Project for any reason without the Landlord’s prior written consent except in the case of an emergency or unless access is required by Tenant to repair or maintain a system installed by Tenant or on made at Tenant’s behalf on the roof provided prior notice is given to Landlord, said repair does not involve disturbing a roof penetration already made or installing a new roof penetration sole cost and said repair can be undertaken and completed without damaging the roofexpense. Tenant hereby agrees to indemnify Landlord for all damages suffered by Landlord as a result of Tenant’s use of the roof access rights rights, if any, granted hereby in this Lease and Landlord will have no obligations with respect to maintenance or repair of the roof if Tenant, its agents, servants, employees or invitees enter upon the roof of the Leased Premises without prior written consent as required hereby (except in an emergency) regardless of whether such entry caused or necessitated the need for such repair or maintenance. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by TenantTenant or Landlord acquires actual notice thereof. In the event Tenant fails to notify Landlord in accordance herewith of any defective condition actually known to Tenant which Landlord is required to repair hereunder and if Landlord does not have actual notice of the condition, Tenant shall be responsible to Landlord for any extraordinary costs and expenses, as well as damages and liabilities incurred by Landlord which are proximately caused by Tenant’s failure to so notify Landlord. Except in the case of Landlord’s negligence, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making Landlord’s reasonable exercise of its right to make of any repairs, alterations, or improvements in or to any portion of the Leased Premises or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord’s expense or to withhold rent for non-repair under any law, statute or ordinance now or hereafter in effect except in the event of an emergency; provided, however, Tenant may, at its option and Landlord’s expense, make any repairs that Landlord has failed to make hereunder after an additional fifteen (15) days written notice from Tenant. Except for the repair, replacement and maintenance obligations of the Landlord relating to the foundation, load-bearing walls, exterior wall assemblies or a weather wall, sub-flooring, structural columns and beams, Landlord shall be entitled to reimbursement for repair, maintenance and replacement made by Landlord unless such expenses will be capitalized over a period of greater than five (5) years under GAAP, this Lease otherwise constituting a “triple net” lease as between Tenant and Landlord.

Landlord’s Obligations of Maintenance, Repair and Replacement. Subject to the conditions set forth herein and the provisions of Paragraph 13 14 hereof and notwithstanding the preceding Paragraph 9(b10(b), Landlord shall repair and maintain only the roof, foundation and load-bearing loadbearing walls of the Building and the Leased Premises, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, any sprinkler system installed by Landlord for the control of fire, and underground utility, sewer pipes, water lines, electric lines service to the Leased Premises (unless but only to the extent such utilities and pipes are is not required to be maintained by a third party) ), plumbing, pipes, electrical wiring and conduits which are part of the base buildingBase Building, HVAC duct work ductwork and replacement of air handlers and compressors, unless such maintenance and repair are caused in part or in whole by breaking or entering or the act, omission or negligence of Tenant, its agents, employees or contractors, in which event the maintenance, repair or replacement shall be paid by Tenant. None of such persons shall be permitted upon the roof of the Leased Premises or other buildings in on the Project Property for any reason without the Landlord’s prior written consent except in the case of an emergency or unless access is required by Tenant to repair or maintain a system installed by Tenant or on Tenant’s behalf on the roof provided prior notice is given to Landlord, said repair does not involve disturbing a roof penetration already made or installing a new roof penetration and said repair can be undertaken and completed without damaging the roof. Tenant hereby agrees to indemnify Landlord for all damages suffered by Landlord as a result of Tenant’s use of the roof access rights granted hereby and Landlord will have no obligations with respect to maintenance or repair of the roof if Tenant, its agents, servants, employees or invitees enter upon the roof of the Leased Premises without prior written consent as when required hereby (except in by an emergency) emergency regardless of whether such entry caused or necessitated the need for such repair or maintenance. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant. In the event Tenant fails to notify Landlord in accordance herewith of any defective condition actually known to Tenant which Landlord is required to repair hereunder and if Landlord does not have actual notice of the condition, Tenant shall be responsible to Landlord for any extraordinary costs and expenses, as well as damages and liabilities incurred by Landlord which are proximately caused by Tenant’s failure to so notify Landlord. Except in the case of Landlord’s negligence, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements in or to any portion of the Leased Premises or the Project Property or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to may make repairs at Landlord’s expense or if Landlord fails to withhold rent for non-repair under make any law, statute or ordinance now or hereafter in effect except in the event of an emergencyrepairs required to be made by Landlord within ten (10) days after written notice from Tenant. Except for the repair, maintenance and replacement and maintenance obligations of the Landlord relating to the foundation, load-load bearing walls, exterior wall assemblies or a weather wall, sub-flooring, structural and columns and beams, beams Landlord shall be entitled to reimbursement for repair, maintenance and replacement made by Landlord unless such expenses will would be capitalized over a period of greater than five (5) 5 years under GAAP, this Lease otherwise constituting a “triple net” lease as between Tenant and Landlord.

Landlord’s Obligations of Maintenance, Repair and Replacement. Subject to the conditions set forth herein and the provisions of Paragraph 13 14 hereof and notwithstanding the preceding Paragraph 9(b10 (b), Landlord shall repair and maintain only the roof, foundation and load-load bearing walls of the Building and the Leased Premises, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, any sprinkler system installed by Landlord for the control of fire, and underground utility, sewer pipes, water lines, electric lines service to the Leased Premises (unless but only to the extent such utilities and pipes are is not required to be maintained by a third party) ), plumbing, pipes, electrical wiring and conduits which are part of the base buildingBase Building, HVAC duct work ductwork and replacement of air handlers and compressors, unless such maintenance and repair are caused in part or in whole by breaking or entering or the act, omission or negligence of Tenant, its agents, employees or contractors, in which event the maintenance, repair or replacement shall be paid by Tenant. None of such persons shall be permitted upon the roof of the Leased Premises or other buildings in on the Project Property for any reason without the Landlord’s prior written consent except in the case of an emergency or unless access is required by Tenant to repair or maintain a system installed by Tenant or on Tenant’s behalf on the roof provided prior notice is given to Landlord, said repair does not involve disturbing a roof penetration already made or installing a new roof penetration and said repair can be undertaken and completed without damaging the roof. Tenant hereby agrees to indemnify Landlord for all damages suffered by Landlord as a result of Tenant’s use of the roof access rights granted hereby and Landlord will have no obligations with respect to maintenance or repair of the roof if Tenant, its agents, servants, employees or invitees enter upon the roof of the Leased Premises without prior written consent as when required hereby (except in by an emergency) emergency regardless of whether such entry caused or necessitated the need for such repair or maintenance. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant. In the event Tenant fails to notify Landlord in accordance herewith of any defective condition actually known to Tenant which Landlord is required to repair hereunder and if Landlord does not have actual notice of the condition, Tenant shall be responsible to Landlord for any extraordinary costs and expenses, as well as damages and liabilities incurred by Landlord which are proximately caused by Tenant’s failure to so notify Landlord. Except in the case of Landlord’s negligence, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements in or to any portion of the Leased Premises or the Project Property or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to may make repairs at Landlord’s expense or if Landlord fails to withhold rent for non-repair under make any law, statute or ordinance now or hereafter in effect except in the event of an emergencyrepairs required to be made by Landlord within fifteen (15) days after written notice from Tenant. Except for the repair, maintenance and replacement and maintenance obligations of the Landlord relating to the foundation, load-load bearing walls, exterior wall assemblies or a weather wall, sub-flooring, structural and columns and beams, beams Landlord shall be entitled to reimbursement for repair, maintenance and replacement made by Landlord unless such expenses will would be capitalized over a period of greater than five (5) 5 years under GAAP, this Lease otherwise constituting a “triple net” lease as between Tenant and Landlord.