Landlord's Repair and Maintenance Obligations. Subject to the provisions of Section 16.09, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall maintain, or cause to be maintained, the foundations of the Building, the exterior walls and windows and roof (including roof membrane) of the Unit, the Unit Generator, the Building Systems (including the HVAC, plumbing, electrical, mechanical and other systems, as well as the Neutralization System, serving the Premises in common with other portions of the Unit), to the extent not serving the Premises or another tenant’s premises exclusively, the common areas and facilities of the Building, and any other items constituting Limited Common Elements of the Unit pursuant to the Condominium Documents (excluding those items that Tenant is responsible for under Article 11) in good order, condition and repair; provided that Tenant shall give Landlord written notice of the necessity for such repairs; and, provided further, that damage caused by the act or omission of Tenant or any Tenant Party shall, unless otherwise specified by Landlord, be promptly repaired by Tenant at its sole cost and expense. Landlord shall make any repairs or replacements to the Premises, the Unit (including the Unit Generator) or the Building, to the extent such repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, at its sole cost and expense and not to be reimbursed as an Operating Expense. In addition, Landlord shall enforce the applicable provisions of the Condominium Documents with respect to the maintenance, repair or replacement of the General Common Elements and all other buildings in the Development. Except to the extent caused by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, Landlord shall not be obligated to maintain, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located within the Premises or elsewhere which serve the Premises exclusively, all of which shall be Tenant’s obligation. Tenant waives the benefit of any present or future law that provides Tenant the ...
Landlord's Repair and Maintenance Obligations. Subject to Articles 14 and 15, Landlord shall, as part of the Operating Expenses (to the extent permitted by Article 4), repair and maintain in good order and condition (reasonable wear and tear excepted):
Landlord's Repair and Maintenance Obligations. Subject to the provisions of Article V of this Lease, Landlord covenants, at its sole expense at all times during the Term to keep in good order, condition and repair the structural components, structural components of the roof, exterior walls, foundation and the parking areas and driveways located on the Premises and/or serving the Building (collectively, "Structural Components"). Without limitation of the foregoing, Landlord shall be responsible, at its sole expense, for all capital replacements of the Structural Components and for causing such Structural Components to be in compliance with all applicable laws and regulations during the entire Term. Landlord shall not be responsible for damage to the Premises resulting from the negligence or other acts or omissions of Tenant or Tenant's employees, servants, agents, contractors licensees, affiliates, consultants or invitees ("Tenant's Negligence"), Tenant hereby agreeing to perform at Tenant's expense any repair or maintenance to the Premises made necessary by Tenant's Negligence; provided, however, that if such damage to the Premises results from a Casualty (as defined in Section 5.1) caused by Tenant's Negligence, Landlord shall repair, maintain or restore the Premises or portion thereof in accordance with and to the extent required by Article V.
Landlord's Repair and Maintenance Obligations. Landlord shall maintain in good condition and operating order and keep in good repair and condition, in a manner consistent with the owners or landlords of the Comparable Buildings, the structural portions of the Buildings, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cabs, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all Building Common Areas, parking areas, and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas, including landscaping. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned, will hereinafter be defined as the “BS/BS Exception”).
Landlord's Repair and Maintenance Obligations. Except as provided in Sections 9 (Improvements and Alterations by Tenant), 11 (Damage or Destruction) or 22 (Condemnation), Landlord shall cause to be maintained in reasonably good order and condition the Building (other than any leased premises) and the public and common areas of the Property, such as lobbies, elevators, stairs, corridors and restrooms; provided, however, Tenant shall be responsible for the cost of repair of damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, subject to Section 12, Waiver of Subrogation. Landlord shall maintain and repair the Premises' water, if applicable, and elevator service at all times during the term of the Lease.
Landlord's Repair and Maintenance Obligations. Subject to Articles 15 and 16 (regarding damage, destruction and condemnation), Landlord shall, as part of the Building Operating Costs (but subject to all exclusions set forth in Article 4), repair and maintain in good order and condition (reasonable wear and tear excepted), consistent with first class office buildings in the vicinity of the Building: (a) the structural portions, fixtures, and appurtenances of the Premises, and all Tenant Improvements constructed by Landlord; (b) the structural portions and common area of the Building; (c) the Base Building Systems, including those located within the Premises; (d) the exterior portions of the Building and Project; and (e) all other common areas located in the Building, or in or on the Project, including the parking facilities serving the Building. Repairs shall be made promptly when appropriate to keep the applicable portion of the Building, the Project, and other items in the condition described in this paragraph. To the extent that the need for repair and maintenance is due to Tenant's or Tenant's agents, employees, contractors, or invitees' negligence, misuse, or use of the Building or the Base Building Systems in a manner which exceeds what is normal and customary for office space, such repair and maintenance shall be at Tenant's sold expense. After receipt of an invoice from Landlord, Tenant shall pay Landlord, Landlord's actual costs incurred in connection with such repair sand replacements plus a reasonable percentage of such costs, to be uniformly established for the Building, sufficient to reimburse Landlord for all reasonable overhead, general conditions, fees, and other reasonable costs and expenses arising from Landlord's involvement with such repairs and replacements. Landlord shall not be in default of its repair and maintenance obligations under this paragraph if Landlord performs the repairs and maintenance within three (3) days after written notice by Tenant to Landlord of the need for such repairs and maintenance. Furthermore, if due to the nature of the particular repair or maintenance obligation or to causes beyond Landlord's reasonable control, more than three (3) days are reasonably required to complete it, Landlord shall not be in default under this paragraph if Landlord begins its efforts to repair within such three (3) day period and diligently prosecutes the required work to completion. No abatement of Rent and, except as otherwise specifically provided herein, no liability of La...
Landlord's Repair and Maintenance Obligations. Subject to Articles 15 and 16, Landlord shall, as part of the Operating Expenses (to the extent permitted by Article 5), repair and maintain in good order and condition (reasonable wear and tear excepted): (a) the structural portions of the Premises; (b) the Base Building, (c) the Basic Building Systems located outside the Premises; (d) the exterior portions of the Building and Project, and (e) all other common areas located in the Building, or in or on the Project, including the parking facilities serving the Building. Repairs shall be made promptly when appropriate to keep the applicable portion of the Premises, Building, Project, and other items in the condition described in this clause. Landlord shall not be in default of its repair and maintenance obligations under this Section 11.2 if Landlord performs the repairs and maintenance within thirty (30) days after written notice by Tenant to Landlord of the need for such repairs and maintenance. If, due to the nature of the particular repair or maintenance obligation, more than thirty (30) days are reasonably required to complete it, Landlord shall not be in default under this Section 11.2 if Landlord begins work within this thirty-day (30-day) period and diligently prosecutes this work to completion. Except as provided in Section 11.3, no abatement of rent and no liability of Landlord shall result for any injury to or interference with Tenant's business arising from the making of or failure to make any repairs, replacements, alterations, or improvements in or to any portion of the Premises, Building, Project, fixtures, appurtenances, or equipment. Except as provided in Section 11.3, Tenant waives and releases its rights, including its right to make repairs at Landlord's expense, under California Civil Code Sections 1941-1942 or any similar law, statute, or ordinance now or hereafter in effect.
Landlord's Repair and Maintenance Obligations. Landlord shall maintain in good condition and operating order and keep in good repair and condition throughout the Lease
Landlord's Repair and Maintenance Obligations. Except as provided in Sections 9 (Improvements and Alterations by Tenant), 11 (Damage or Destruction) or 22 (Condemnation), Landlord shall cause to be maintained in reasonably good order and condition the Premises and the public and common areas of the Property, such as lobbies, elevators, stairs, corridors, restrooms, foundation, exterior walls and all aspects of the roof, except with respect to Tenant's modification of any or all of these areas; provided, however, Tenant shall be responsible for the cost of repair of damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, subject to Section 12, Waiver of Subrogation. Landlord shall maintain and repair the Premises, water, if applicable, and elevator service at all times during the term of the Lease.
Landlord's Repair and Maintenance Obligations. Subject to the provisions of Article IX and Section 8.4, Landlord shall use reasonable efforts to maintain in good condition, order and repair (a) the roof, exterior and load bearing walls and other structural elements of the Building, (b) the Building Service Systems serving the Premises, and (c) all public corridors, lobbies and public areas of the Building available for use by Tenant (the "Common Areas"). Landlord shall not be responsible for the maintenance or repair of any portion, area, component or element of the Building or the Premises other than as expressly provided in this Section 8.3. Landlord shall have no obligation to make any repair or undertake any maintenance activity described in this Section 8.3 until a reasonable period following receipt of written notice from Tenant of the need for the same, unless Landlord was otherwise aware, or should have been aware, of the need for such repair or the same relates to the Common Areas of the Building in which case Landlord's obligation shall arise upon Landlord's actual notice of the need for the same.
