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 right to repair the Premises, the Unit or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.06
Appears in 2 contracts
Samples: Lease Agreement (Vigil Neuroscience, Inc.), Lease Agreement (Vigil Neuroscience, Inc.)
Landlord's Repair and Maintenance Obligations. Subject to Articles 14 and 15, Landlord shall, as part of the provisions of Section 16.09, and except for damage caused Operating Expenses (to the extent permitted by fire, other casualty or taking (which is dealt with belowArticle 4), repair 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 maintain in good order and windows condition (reasonable wear and roof tear excepted):
(including roof membranea) 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 All portions of the Unit)Building that are outside the Premises, to including the extent not serving structural portions of the Premises, areas and building systems above the ceiling of the Premises or another tenant’s premises exclusively, and on the common areas and facilities inside of each 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 walls to the Premises, the Unit (roof and foundations, the life safety systems, and any maintenance of perimeter walls, including glazing of exterior windows; b) All other Common Areas located on the Unit Generator) Real Property. Repairs shall be made promptly after written notice from Tenant or other actual notice to Landlord of the need for such repair to keep the applicable portion of the Premises, Building, Real Property, 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 10.2 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, except that in the event Tenant notifies Landlord that repairs are required on an emergency basis to prevent injury to persons, significant damage to property, or material interference with Tenant's operation of its business, then Landlord shall commence the repair as soon as is reasonably possible. If, due to the extent such nature of the particular repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agentsmaintenance obligation, employees and/or contractors, or Landlord’s breach of its obligations herein, at its sole cost and expense and not more than thirty (30) days are reasonably required 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 hereincomplete it, Landlord shall not be obligated in Default under this Section 10.2 if Landlord begins work within this thirty-day (30-day) period and diligently prosecutes this work to maintaincompletion. Except as provided in Section 21.7.2, repair no abatement of rent and no liability of Landlord shall result for any injury to or replace interference with Tenant's business arising from the making of or failure to make any interior windowsrepairs, interior doorsreplacements, plate glassalterations, 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 right to repair the Premises, the Unit or the Building at Landlord’s expense improvements in or to xxxxx or reduce the Rent or to terminate this Lease because of the condition any portion of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agentsReal Property, employees and/or contractorsfixtures, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlordappurtenances, or equipment. 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 related work undertaken by Landlord similar law, statute, or ordinance now or hereafter in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.06effect.
Appears in 2 contracts
Samples: Office Lease (National Information Group), Office Lease (National Insurance Group /Ca/)
Landlord's Repair and Maintenance Obligations. Subject to the provisions of Section 16.09, and except for damage caused by fire, other casualty casually or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall, at its sole cost and expense and not to be reimbursed as Operating Expenses, keep the foundation, roof (including the roof membrane), walls, foundations, floor slabs and other structural elements of the Building (excluding any structural elements added to the Building as part of the Initial Tenant Work or other Tenant Work, which shall be Tenant’s responsibility), columns and beams, and exterior walls and windows of the Building, as well as the underground and under-slab plumbing lines serving the Building, in good order, condition and repair, reasonable wear and tear excepted. Further subject to the provisions of Section 16.09, and except for damage caused by fire, other casually 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, keep the Building Systems (including the HVAC, plumbing, electrical, mechanical and other systems, as well as the Neutralization System, systems serving the Premises in common with other portions of the UnitBuilding), to the extent not serving the Premises or another tenant’s premises exclusively, and the common areas and facilities of the BuildingBuilding and the Property, 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 reasonable wear and expensetear excepted. Landlord shall make any repairs or replacements to the PremisesBuilding, the Unit (including the Unit Generator) Premises or the BuildingProperty, 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 employees, contractors, and/or invitees 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 cause the applicable provisions common areas of the Condominium Documents with respect Building and the Property to be kept clean and free from rubbish and debris, and the maintenance, repair or replacement paved portions of the General Common Elements common areas of the Property to be free from appreciable accumulation of ice and all other buildings in the Developmentsnow. Except to the extent caused by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees employees, contractors, and/or contractorsinvitees, 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 shall promptly report to Landlord any defective condition known to it that Landlord is required by the provisions of this Section to repair. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises, the Unit Premises or the Building Property at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit Property or the Building, Premises to the extent such benefit of law may be waived by Tenant. Except ; provided, however, that the foregoing waiver shall not be deemed to waive any rights expressly granted to Tenant pursuant to the extent caused by the negligence or willful misconduct provisions of Landlord or that Section 6.03 of its agents, employees and/or contractors, this Lease. Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.069.06 regarding access to the Premises and provided Landlord takes commercially reasonable steps to minimize any interference with Tenant’s operations. Notwithstanding the fact that Landlord may provide security services at the Property or Building at any time during the term of this Lease, (i) Tenant hereby releases Landlord from any claim for injury to persons or damage to property asserted by Tenant or any Tenant Party that is suffered or occurs in or about the Premises or in or about the Building or Property or the common areas appurtenant thereto by reason of the act of any intruder or any other person in or about the Premises, Building or Property, and (ii) Landlord shall not be deemed to owe Tenant or any other person any duty or standard of care as a result of Landlord’s provision of such security services. All costs and expenses incurred by Landlord in connection with the performance of any obligation set forth in this Section 10.03 shall be included in Operating Expenses except to the extent otherwise expressly provided above in this Section. Throughout the Term, Landlord shall maintain a bicycle storage area, comparable to the existing bicycle storage area in the Building for Tenant’s use (in common with other occupants of the Building).
Appears in 2 contracts
Samples: Lease (C4 Therapeutics, Inc.), Lease (C4 Therapeutics, Inc.)
Landlord's Repair and Maintenance Obligations. Subject to Articles 15 and 16, Landlord shall, as part of the provisions 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 Section 16.09the Premises; (b) the Base Building, (c) the Basic Building Systems located outside the Premises; (d) the exterior portions of the Building and Project, and except for damage caused by fire, (e) all 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 common areas located in the Building, or in or on the exterior walls and windows and roof (Project, including roof membrane) the parking facilities serving the Building. Repairs shall be made promptly when appropriate to keep the applicable portion of the UnitPremises, the Unit GeneratorBuilding, the Building Systems (including the HVACProject, plumbing, electrical, mechanical and other systems, as well as items in the Neutralization System, serving the Premises condition described 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 expensethis clause. Landlord shall make any not be in default of its repair and maintenance obligations under this Section 11.2 if Landlord performs the repairs or replacements 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 Premises, nature of the Unit (including the Unit Generator) or the Building, to the extent such particular repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agentsmaintenance obligation, employees and/or contractors, or Landlord’s breach of its obligations herein, at its sole cost and expense and not more than thirty (30) days are reasonably required 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 hereincomplete it, Landlord shall not be obligated in default under this Section 11.2 if Landlord begins work within this thirty-day (30-day) period and diligently prosecutes this work to maintaincompletion. Except as provided in Section 11.3, repair no abatement of rent and no liability of Landlord shall result for any injury to or replace interference with Tenant's business arising from the making of or failure to make any interior windowsrepairs, interior doorsreplacements, plate glassalterations, 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 right to repair the Premises, the Unit or the Building at Landlord’s expense improvements in or to xxxxx or reduce the Rent or to terminate this Lease because of the condition any portion of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by TenantProject, fixtures, appurtenances, or equipment. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractorsas provided in Section 11.3, Tenant shall not be entitled waives and releases its rights, including its right to make repairs at Landlord's expense, under California Civil Code Sections 1941-1942 or any abatement of Rentsimilar law, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlordstatute, or any related work undertaken by Landlord ordinance now or hereafter in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.06effect.
Appears in 1 contract
Samples: Office Lease (Cayenta Inc)
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 maintainmaintain and keep in good repair and first class condition and operating order in a manner substantially consistent with the Operations Standard the following (collectively, or cause to be maintained, "Landlord's Repair Obligations"): (i) the foundations structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, roof membrane, curtain wall, sewer and water mains, exterior walls glass and windows and roof mullions, columns, beams, shafts (including roof membraneelevator shafts), stairs, stairwells, elevator cab, Building mechanical, electrical and telephone closets (collectively, "Building Structure"), (ii) of the Unit, the Unit Generator, the Building Systems mechanical (including equipment located on the HVAC, plumbing, electrical, mechanical roof and other systems, as well as within 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 core of the Building, and excluding any other items constituting Limited Common Elements distribution outside of the Unit pursuant core), electrical (excluding distribution of any such systems within the Premises), life safety, plumbing (excluding distribution of any such systems within the Premises other than within the restrooms in the Building core), sprinkler systems and HVAC systems that serve the Building generally, as opposed to Tenant or another tenant exclusively (collectively, the "Building Systems") and (iii) the Common Areas, which shall include restrooms located on multi-tenant floors of the Building. The "Base Building" shall mean the Building Structure and the Building Systems. Notwithstanding anything in this Lease to the Condominium Documents contrary, if and to the extent that any repairs that are Landlord's Repair Obligations are required because of (excluding those items that Tenant is responsible for under Article 11i) in good order, condition and repair; provided that Tenant shall give Landlord written notice Tenant's use of the necessity Premises for such repairs; andother than normal and customary business office operations, provided furtheror (ii) Tenant's construction of non-general office Improvements or Alterations, 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. then Landlord shall make any such repairs or replacements and replacements, at Tenant's sole cost sufficient to reimburse Landlord for the Premises, the Unit Actual Cost thereof (including the Unit Generatorall overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements) 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 within thirty (30) days 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 Expensebeing billed for same. In additionthe event that the Premises has an "open ceiling plan", then Landlord and third parties leasing or otherwise using/managing or servicing space on the floor immediately above the Premises shall enforce have the applicable provisions of the Condominium Documents with respect right to the maintenanceinstall, maintain, repair or replacement of the General Common Elements and replace mechanical, electrical and plumbing fixtures, devices, piping, ductwork and all other buildings in improvements through the Development. Except to floor above the extent caused by Landlord’s negligence or willful misconduct or Premises (which may penetrate through the negligence or willful misconduct ceiling of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, Landlord shall not the Premises and 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 visible within the Premises or elsewhere which serve during the course of construction and upon completion thereof), as Landlord may determine in Landlord's commercially reasonable discretion and with reasonable approval rights being afforded to Tenant with respect thereto. Notwithstanding Tenant's occupancy of the Premises exclusively, all of which shall be Tenant’s obligation. Tenant waives during the benefit performance of any present or future law that provides Tenant the right to repair the Premisesof Landlord's Repair Obligations, except as otherwise provided herein, the Unit or the Building at performance of Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because 's Repair Obligations shall in no way constitute a constructive eviction of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled nor entitle Tenant to any abatement of Rent; provided that Landlord shall perform Landlord's Repair Obligations in a manner so as to minimize any material, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlordadverse effect upon Tenant's use of, or ingress or egress to, the Premises. Subject to the foregoing, Tenant shall promptly and diligently cooperate with Landlord and any related of the third parties performing Landlord's Repair Obligations in the Premises in order to facilitate the performance of such work undertaken by Landlord in accordance with an efficient and timely manner. Xxxxxxxx's entry into the provisions Premises to perform any repairs or maintenance hereunder shall be subject to Article 27 below. Tenant hereby waives any and all rights under and benefits of this Lease provided Landlord complies with the terms subsection 1 of Section 9.061932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Reddit, Inc.)
Landlord's Repair and Maintenance Obligations. Subject Landlord shall, as a part of Operating Expenses (to the extent permitted by Article 6), maintain, keep in good order, repair and condition (wear and tear excepted) and make all required replacements to:
(a) The roof and structural portions of the Building;
(b) Structural portions of the Premises;
(c) The exterior portions of the Building (including windows and doors) and Real Property;
(d) The heating, ventilating, air conditioning, electrical, plumbing, fire/life safety, sanitary, storm drainage, elevator, security and other mechanical systems that serve the entire Building but excluding those systems that are located within or exclusively serve the Premises or premises leased to others (the "Building Systems") except as specifically provided in Section 12.2 (e).;
(e) The heating, ventilating, air conditioning and fire sprinkler systems located within the Premises or premises leased to others with the exception on any supplementary systems which shall be governed by the provisions of Section 16.0911.2.; and
(f) All other common areas located in the Building, or in or on the Real Property, including without limitation stairways, restrooms, lobbies, janitorial closets and except for damage caused by firethe parking facilities serving the Building Repairs shall be made promptly when appropriate to keep the applicable portion of the Premises, Building, Real Property and other casualty items which are the responsibility of Landlord hereunder in good order condition and repair. Landlord shall not be in default of its repair and maintenance obligations under this Section 12.2 if Landlord performs the repairs and maintenance within thirty (30) days following receipt of written notice from Tenant of the need therefor. If, due to the nature of the particular repair or taking maintenance obligation, more than thirty (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party30) days are reasonably required to complete it, Landlord shall maintainnot be in default under this Section 12.2 if Landlord begins work with such thirty (30) day period and thereafter diligently prosecutes such work to completion. Notwithstanding the forgoing, 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 not be required to make any repairs or replacements to required or necessitated as the Premisesresult of (i) Tenant's misuse, the Unit (including the Unit Generatorii) any act, omission or the Buildingnegligence of Tenant, 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 employees, invitees, licensees or contractors, or Landlord’s breach (iii) defects, failures, deficiencies, errors or omissions in the design, or as the result of its obligations herein, at its sole cost defective workmanship 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 materials pertaining to the maintenanceheating, repair or replacement of the General Common Elements ventilating, 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 air conditioning system installed within the Premises or elsewhere which serve the Premises exclusively, all by Tenant as a part of which shall be Tenant’s obligationTenant Improvements. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises, the Unit or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the The provisions of this Lease provided Section 12.2 shall not apply in the event of damage or destruction by any Casualty or Condemnation in which event the obligations of Landlord complies with the terms of Section 9.06shall be as set forth in Articles 16 and 17.
Appears in 1 contract
Landlord's Repair and Maintenance Obligations. Subject to the provisions of Part III, Section 16.0911.2 (Tenant’s Repair and Maintenance Obligations), Section 11.3 (Tenant’s Compliance with Laws), Article 15 (Damage and Destruction) and Article 16 (Condemnation), and except for damage caused by fire, other casualty the negligent or taking (which is dealt with below), and damage caused by the intentional act or omission of Tenant Tenant, Tenant’s employees, suppliers, shippers, customers, or any Tenant Partyinvitees, in which event Landlord shall maintain, or cause to be maintained, repair the foundations of the Building, the exterior walls damage at Tenant’s sole expense (unless 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 paid for by insurance maintained by Landlord or another tenantTenant), Landlord, at Landlord’s premises exclusively, the common areas and facilities of the Building, and any other items constituting Limited Common Elements of the Unit pursuant sole expense (subject to reimbursement to the Condominium Documents (excluding those items that Tenant is responsible for under extent constituting an “Operating Expense” in accordance with Part III, Article 11) 5 or to the extent contemplated by Exhibit “E” attached hereto), shall keep in good order, condition and repair; provided that Tenant shall give Landlord written notice : (i) the roof, foundations, exterior walls, and structural condition of the necessity for such repairs; andinterior bearing walls, provided further(ii) electrical, that damage caused by the act or omission of Tenant or any Tenant Party shallHVAC, unless otherwise specified by Landlordfire sprinkler and smoke detection systems, be promptly repaired by Tenant at its sole cost plumbing systems and expense. Landlord shall make any repairs or replacements to the Premises, the Unit (including the Unit Generator) or the Building, other Building systems to the extent such repair or replacement was necessitated by located behind the interior finished surface of walls of the Leased Premises, and (iii) the Common Areas of the Project (collectively the “Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or contractors, or Maintenance Obligations”). The Landlord’s breach of its obligations hereinMaintenance Obligations shall not, at its sole cost and expense and not to be reimbursed as an Operating Expense. In additionhowever, Landlord shall enforce include the applicable provisions painting of the Condominium Documents with respect to interior surfaces of exterior walls or the maintenance, repair or replacement of windows, window cases, doors or plate glass of the General Common Elements Leased Premises. Landlord shall have no obligation to make repairs under this Section 11.1 until a reasonable time after receipt of written notice from Tenant of the need for such repairs. Tenant waives and all other buildings in the Development. Except releases its rights, including its right to the extent caused by make repairs at Landlord’s negligence expense, under California Civil Code §§ 1941-1942 or willful misconduct or the negligence or willful misconduct of its agentsany similar law, employees and/or contractorsstatute, or Landlord’s breach ordinance now or hereafter in effect. Notwithstanding the foregoing, however, except in connection with the initial build-out of its obligations hereinthe Leased Premises, Landlord shall not be obligated required to maintainmake, 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 and Tenant shall be responsible for, any repair (x) resulting from any alteration or modification to the Building or systems of the Building performed by, for or on behalf of Tenant, (y) to special equipment or systems installed by, for or on behalf of Tenant, and (z) to any of Tenant’s obligation. Tenant waives the benefit of any present Alterations, Trade Fixtures or future law that provides Tenant the right to repair the Premises, the Unit other property or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.06equipment.
Appears in 1 contract
Samples: Lease (Marvel Entertainment, Inc.)
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, systems 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 the damage thereto shall not have been caused by the act or omission negligence of Tenant (or any subtenant), its concessionaires, agents, employees, invitees, licensees or contractors, in which event Tenant Party shall, unless otherwise specified by Landlord, shall be responsible therefor and shall promptly repaired by Tenant at its sole cost and expensemake all such repairs. 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 employees, contractors, and/or invitees 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 employees, contractors, and/or contractorsinvitees, 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 either 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 right to repair the Premises, the Unit or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant; provided, however, that the foregoing waiver shall not be deemed to waive any rights expressly granted to Tenant pursuant to the provisions of Section 6.03 of this Lease. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractorsLandlord, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.069.06 regarding access to the Premises. Notwithstanding the fact that Landlord may provide security services at the Unit or the Building at any time during the term of this Lease, (i) Tenant hereby releases Landlord from any claim for injury to persons or damage to property asserted by Tenant or any Tenant Party that is suffered or occurs in or about the Premises or in or about the Unit, the Building or the Development by reason of the act of any intruder or any other person, and (ii) Landlord shall not be deemed to owe Tenant or any other person any duty or standard of care as a result of Landlord’s provision of such security services. All costs and expenses incurred by Landlord in connection with the performance of any obligation set forth in this Section 10.03 shall be included in Operating Expenses except to the extent otherwise expressly provided above in this Section.
Appears in 1 contract
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 shall, at its sole cost and expense and not to be reimbursed as Operating Expenses, maintain, repair and replace the foundation, roof (including the roof membrane), walls, floor slabs and other structural elements of the Building (excluding any structural elements added to the Building as part of the Initial Tenant Work or cause to other Tenant Work, which shall be maintainedTenant’s responsibility), the foundations columns and beams, and exterior walls and windows of the Building, as well as the exterior walls underground and windows under-slab plumbing lines serving the Building, and roof make replacements which are capital in nature to the loading dock and elevator located within and serving solely the Premises (including roof membrane) but all other repairs, maintenance and non-capital replacements with respect to such loading dock and elevator shall be Tenant’s responsibility at its sole expense), in each case so as to keep the same in good order, condition and repair, reasonable wear and tear excepted. Further subject to the provisions of Section 16.09 and the provisions of the Unitimmediately preceding sentence, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by the Unit Generatoract or omission of Tenant or any Tenant Party, Landlord shall keep the Building Systems (including the HVAC, plumbing, electrical, mechanical mechanical, fire and life safety, and other systems, as well as the Neutralization System, systems serving the Premises in common with other portions of the UnitBuilding), to the extent not serving exclusively either the Premises or another tenant’s premises exclusivelypremises, and the common areas and facilities of the BuildingBuilding and the Property, 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 reasonable wear and expensetear excepted. Landlord shall make any repairs or replacements to the PremisesBuilding, the Unit (including the Unit Generator) Premises or the BuildingProperty, 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 employers or contractors, or by Landlord’s breach of its obligations hereinhereunder, all at its sole cost and expense and not to be reimbursed as an Operating ExpenseExpenses. In addition, Landlord shall enforce cause the applicable provisions common areas of the Condominium Documents with respect Building and the Property to be kept clean and free from rubbish and debris, and the maintenance, repair or replacement paved portions of the General Common Elements common areas of the Property to be free from appreciable accumulation of ice and all other buildings in the Developmentsnow. Except to the extent caused by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or or contractors, or Landlord’s breach of its obligations hereinhereunder, 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 shall promptly report to Landlord any defective condition known to it that Landlord is required by the provisions of this Section to repair. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises, the Unit Premises or the Building Property at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit Property or the Building, Premises to the extent such benefit of law may be waived by Tenant. Except ; provided, however, that the foregoing waiver shall not be deemed to waive any rights expressly granted to Tenant pursuant to the extent caused by provisions of Section 6.03 of this Lease. Subject to the negligence or willful misconduct provisions of Landlord or that of its agents, employees and/or contractorsSection 6.03(b), Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any maintenance, repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.069.06 regarding access to the Premises and provided Landlord takes commercially reasonable steps to minimize any interference with Tenant’s operations. Notwithstanding the fact that Landlord may provide security services at the Property or Building at any time during the term of this Lease, (i) Tenant hereby releases Landlord from any claim for injury to persons or damage to property asserted by Tenant or any Tenant Party that is suffered or occurs in or about the Premises or in or about the Building or Property or the common areas appurtenant thereto by reason of the act of any intruder or any other person in or about the Premises, Building or Property, and (ii) without disclaiming Landlord’s liability for its negligence or willful misconduct, Landlord shall not be deemed to owe Tenant or any other person any duty or standard of care as a result of Landlord’s provision of such security services. All costs and expenses incurred by Landlord in connection with the performance of any obligation set forth in this Section 10.03 other than the first sentence hereof shall be included in Operating Expenses except to the extent otherwise expressly provided above in this Section. Throughout the Term, Landlord shall maintain a bicycle storage area, comparable to the existing bicycle storage area in the Building for Tenant’s use (in common with other occupants of the Building).
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