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

Landlord’s Repair and Maintenance. Except for damages caused by any negligent or intentional act or omission of TENANT, TENANT’s employees, suppliers, shippers, customers, or invitees (in any of which events TENANT shall promptly repair and be solely liable for such damages and all consequences thereof), LANDLORD, at LANDLORD’s expense, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Leased Premises (excluding any portions thereof which TENANT or any agent, employee, contractor or representative of TENANT has modified or punctured, with or without Landlord’s consent), as well as the parking lots, walkways, driveways, landscaping, fences, signs (other than TENANT’s signs) and utility installations of the common areas and all parts thereof. LANDLORD shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall LANDLORD be required to maintain, repair or replace windows, doors (including exterior roll-up doors), skylights or plate glass in on or around Leased Premises. LANDLORD shall have no obligation to make repairs under this Article 11 until a reasonable time after receipt of written notice from TENANT of the need for such repairs. TENANT expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford TENANT the right to make repairs at LANDLORD’s expense or to terminate this LEASE because of LANDLORD’s failure to keep the Leased Premises in good order, condition or repair.

Landlord’s Repair and Maintenance. Except for damages caused by any negligent or intentional act or omission of TENANT, TENANT’s employees, suppliers, shippers, customers, or invitees (in any of which events TENANT shall promptly repair and be solely liable for such damages and all consequences thereof), LANDLORD, at LANDLORD’s expense, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Leased Premises (excluding any portions thereof which TENANT or any agent, employee, contractor or representative of TENANT has modified or punctured, with or without Landlord’s consent), as well as the parking lots, walkways, driveways, landscaping, fences, signs (other than TENANT’s signs) and utility installations of the common areas and all parts thereofthereof and the HVAC system. LANDLORD shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall LANDLORD be required to maintain, repair or replace windows, doors (including exterior roll-up doors), skylights or plate glass in in, on or around the Leased Premises. TENANT’S Initials: /s/ BB / /s/ MW LANDLORD shall have no obligation to make repairs under this Article 11 until a reasonable time after receipt of written notice from TENANT of the need for such repairs. TENANT expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford TENANT the right to make repairs at LANDLORD’s expense or to terminate this LEASE because of LANDLORD’s failure to keep the Leased Premises in good order, condition or repair.

Landlord’s Repair and Maintenance. Except for damages (a) normal and reasonable wear and use for comparable first class buildings in the Market Area and (b) damage caused by any negligent fire or intentional act or omission of TENANTcasualty and by eminent domain, TENANT’s employeesLandlord shall, suppliersthroughout the Lease Term, shippers, customerskeep and maintain, or invitees (in any of which events TENANT shall promptly repair cause to be kept and be solely liable for such damages and all consequences thereof)maintained, LANDLORD, at LANDLORD’s expense, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Leased Premises (excluding any portions thereof which TENANT or any agent, employee, contractor or representative of TENANT has modified or punctured, with or without Landlord’s consent), as well as the parking lots, walkways, driveways, landscaping, fences, signs (other than TENANT’s signs) and utility installations of the common areas and all parts thereof. LANDLORD shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall LANDLORD be required to maintain, repair or replace windows, doors (including exterior roll-up doors), skylights or plate glass in on or around Leased Premises. LANDLORD shall have no obligation to make repairs under this Article 11 until a reasonable time after receipt of written notice from TENANT of the need for such repairs. TENANT expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford TENANT the right to make repairs at LANDLORD’s expense or to terminate this LEASE because of LANDLORD’s failure to keep the Leased Premises in good order, condition and repair and in compliance with all applicable Legal Requirements (to the extent that non-compliance would (i) materially impair Tenant’s use and occupancy of the Premises for the Permitted Uses, including, without limitation, the usual and customary operation of Tenant’s business; (ii) would materially and adversely restrict Tenant’s access to the Premises, or repair.(iii) would materially and adversely affect the provision of Building services to be provided by Landlord to Tenant pursuant to this Lease), the following portions of the Building: the structural portions of the roof, roof membrane (including, without limitation, such portions of the foregoing located in the Rooftop Premises), the exterior and load bearing walls, the foundation, the structural columns and floor slabs and other structural elements of the Building, the Base Building systems, Common Areas and facilities of the Building, except that Landlord shall in no event be responsible to Tenant for (x) the condition of glass in and about the Premises (other than for windows and glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s or a Tenant Party’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s, subject to the terms and conditions of Section 13.5), (y) any condition in the Premises or the Building caused by any act, omission or negligence of Tenant or any Tenant Party, subject to the terms and conditions of Section 13.5 or (z) any specialized or supplemental HVAC equipment installed by Tenant, which shall be Tenant’s responsibility. Tenant shall, subject to

Landlord’s Repair and Maintenance. Except for damages caused by any negligent or intentional act or omission of TENANTas otherwise provided in this Lease, TENANT’s employeesLandlord shall, suppliersthroughout the Lease Term, shipperskeep and maintain in good order, customerscondition and repair: (a) the roof, or invitees the exterior and load bearing walls (in any of which events TENANT shall promptly repair and be solely liable for such damages and all consequences thereofincluding exterior windows), LANDLORDthe foundation, at LANDLORD’s expense, shall keep in good condition the structural floor slabs and repair the foundations, exterior walls, other structural condition of interior bearing walls, and roof elements of the Leased Building; and (b) the common facilities of the Building, including HVAC, plumbing, fire sprinklers (to the extent located outside the Premises) and other Building systems and equipment servicing the Premises (excluding any portions thereof which TENANT or any agent, employee, contractor or representative of TENANT has modified or punctured, with or without Landlord’s consent), as well as the parking lots, walkways, driveways, landscaping, fences, signs (other than TENANT’s signsany supplementary or accessory HVAC, and telecommunication/computer systems and/or any item of such equipment exclusively serving the Premises) and utility installations to the perimeter of the common areas and all parts Premises. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressly provided in this Section 3.07, unless expressly otherwise provided in this Lease. Tenant shall promptly give Landlord notice of any damage to the Premises or the Building (whether or not caused by Tenant) or of any defects in any portion thereof or in any fixtures or equipment therein promptly after Tenant first learns thereof. LANDLORD shall notIn making any repairs, alterations, additions or improvements in the Premises, Landlord shall, use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises; provided, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall LANDLORD be required to maintain, repair or replace windows, doors (including exterior roll-up doors), skylights or plate glass in on or around Leased Premises. LANDLORD that Landlord shall have no obligation to make repairs under this Article 11 until a reasonable time after receipt of written notice from TENANT of the need for such repairs. TENANT expressly waives the benefits of any statute now employ contractors or hereafter in effect which would otherwise afford TENANT the right to make repairs labor at LANDLORD’s expense so-called overtime or other premium pay rates or to terminate this LEASE because of LANDLORD’s failure to keep the Leased Premises in good order, condition incur any other overtime costs or repairexpenses whatsoever.