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

Landlord’s Repair and Maintenance. Landlord shall operate, maintain and, except as provided in Section 6.2 hereof, make all necessary repairs (both structural and nonstructural) to the structural portions of the Building and the Premises (including without limitation, the roof, foundation, floor slab, exterior walls and load bearing walls), (ii) the Building Systems, and (iii) the Common Areas, in conformance with standards applicable to Comparable Buildings (collectively, the "Landlord Repair Areas"). Tenant's Repair and Maintenance. Tenant shall promptly, at its expense and in compliance with Article 5, make all nonstructural repairs to the Premises and the fixtures, equipment and/or and appurtenances therein (collectively, "Building Fixtures") as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage from condemnation or casualty. All damage to the Building or to any portion thereof, or to any Building Fixtures requiring structural or nonstructural repair caused by or resulting from any act, omission, neglect or improper conduct of or the moving of Tenant's Property or Equipment into, within or out of the Premises by a Tenant Party, shall be repaired at Tenant's expense by (i) Tenant, if the required repairs are nonstructural in nature and do not affect any Building System, or (ii) Landlord, if the required repairs are structural in nature, involve replacement of exterior window glass or affect any Building System. All Tenant repairs shall be of good quality utilizing new construction materials. If Tenant fails after 10 days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within 10 days after delivery of an invoice therefor. Interruptions Due to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Real Property, including the Building Systems (collectively, "Restorative Work"), as Landlord deems necessary or desirable, provided that in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work). Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during the performance of such Restorative Work. There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work. Landlord shall use its commercially reasonable efforts to restore any interruption of access, use or services as soon as reasonably possible. Notwithstanding any contrary provision of this Lease, if Tenant is prevented from using for the conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for 15 consecutive Business Days (the "Eligibility Period") as a result of (i) any construction, repair, maintenance or alteration performed by Landlord after the Commencement Date and not necessitated by the negligence or willful misconduct of any Tenant Party, or (ii) the failure in any material respect of Landlord or its agents or contractors to provide to the Premises any of the utilities and services required to be provided under this Lease (including Article 10 below) and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, (iii) any failure to provide access to the Premises and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, or (iv) because of the presence of Hazardous Materials in, on or around the Building, the Premises or the Real Property which were not caused or introduced by any Tenant Party and which Hazardous Materials pose a material and significant health risk to occupants of the Premises, then, in any and all such events, Tenant's obligation to pay Fixed Rent, Tenant's Operating Payment and Tenant's Tax Payment shall be abated or reduced, as the case may be, from and after the first (1st) day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the Premises.

Landlord’s Repair and Maintenance. Landlord shall operatewill maintain, maintain andrepair and restore the common areas of the Project, except as provided including lobbies, corridors and restrooms, the windows in Section 6.2 hereofthe Building, make all necessary repairs (both structural the mechanical, plumbing and nonstructural) to electrical equipment serving the structural portions Building, and the structure of the Building in reasonably good order and condition. Landlord agrees to commence necessary repairs and maintenance to the Premises and Common Areas in a timely manner (including without limitation, the roof, foundation, floor slab, exterior walls and load bearing walls“Response Time Periods”), (ii) as hereinafter defined. Tenant reserves the Building Systemsright, and Landlord specifically grants the right, for Tenant to cause repairs and maintenance to be made to the Premises when Landlord fails to affect such maintenance and repairs within the Response Time Periods. Landlord agrees to reimburse Tenant its out of pocket costs for any maintenance and repair costs Tenant incurs under this section (iii) the Common Areas, in conformance with standards applicable to Comparable Buildings (collectively, the "Landlord Repair Areas"“Costs”). Tenant's Repair For purposes of this section, repairs and Maintenance. Tenant maintenance shall promptly, at its expense be defined as any maintenance and in compliance with Article 5, make all nonstructural repairs to the Premises which Tenant reasonably deems necessary to conduct its business and the fixturesmaintain a suitable working environment. Maintenance and repairs will include, equipment and/or and appurtenances therein (collectively, "Building Fixtures") as and when needed to preserve the Premises in good working order and condition, except for reasonable but will not be limited to: repair of wear and tear on the Premises; replacement of broken or missing fixtures, parts, mechanical equipment, plumbing or electrical parts; landscaping maintenance; facilities cleaning and damage from condemnation maintenance; and, any other repair or casualtyimprovement Tenant deems necessary, subject to Landlord’s approval, which shall not be unreasonably withheld. All damage Tenant shall submit service requests for repairs and maintenance to the Building or to any portion thereof, or to any Building Fixtures requiring structural or nonstructural repair caused Landlord by or resulting from any act, omission, neglect or improper conduct of or the moving of Tenant's Property or Equipment into, within or out of the Premises means and through channels established by a Landlord. Tenant Party, submitted service requests shall be repaired at Tenant's expense deemed approved unless otherwise declined by Landlord within two business days from time of submission. However, those service requests classified as High Priority (ias hereinafter defined) Tenant, if the required repairs are nonstructural in nature and do not affect any Building System, or (ii) Landlord, if the required repairs are structural in nature, involve replacement of exterior window glass or affect any Building System. All Tenant repairs shall be deemed automatically approved. Approval of good quality utilizing new construction materialsTenant submitted service requests shall not be unreasonably withheld by Landlord. If Tenant fails after 10 days' notice (or such shorter period as may be required in an emergency) Landlord agrees not to proceed with due diligence to make any withhold reimbursement for maintenance and repairs required to be made paid for by Tenant, . Landlord may make such further agrees that in the event it fails to reimburse Tenant for maintenance or repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid for by Tenant within 10 ninety (90) days after delivery of an invoice therefor. Interruptions Due presentation by Tenant to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Real Property, including the Building Systems (collectively, "Restorative Work"), as Landlord deems necessary or desirable, provided that in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work). Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during the performance of such Restorative Work. There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Workmay deduct the cost from the next month’s Monthly Rent. Landlord shall use its commercially reasonable efforts to restore any interruption of access, use or services as soon as reasonably possible. Notwithstanding any contrary provision For purposes of this Leasesection, if Tenant Response Time Periods shall be defined as follows, provided, however, that the list below is prevented from using for the conduct not intended to be exhaustive: i. High Priority— within 3 to 6 hours of its business, and does not use for the conduct receipt of its business, the Premises or any material portion thereof, for 15 consecutive Business Days (the "Eligibility Period") as a result of (i) any construction, repair, maintenance or alteration performed by Landlord after the Commencement Date and not necessitated by the negligence or willful misconduct of any Tenant Party, or (ii) the failure in any material respect of Landlord or its agents or contractors to provide service request relating to the Premises any of the utilities and services required to be provided under this Lease following described conditions: a. Air Conditioning failure b. Plumbing malfunction (including Article 10 below) and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due flooding) c. Electrical Service Outages (excluding power outages attributed to the occurrence of a casualty or condemnation, (iiiutility provider’s service grid(s)) any failure to provide access to the Premises and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, or (iv) because of the presence of Hazardous Materials in, on or around the Building, the Premises or the Real Property which were not caused or introduced by any Tenant Party and which Hazardous Materials pose a material and significant health risk to occupants of the Premises, then, in any and all such events, Tenant's obligation to pay Fixed Rent, Tenant's Operating Payment and Tenant's Tax Payment shall be abated or reduced, as the case may be, from and after the first (1st) day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the Premises.d. Glass breakage

Landlord’s Repair and Maintenance. Landlord shall, at all times during the Lease Term, maintain in good condition and repair the foundation; roof structure; roof membrane; exterior walls (excluding paint unless paint is required for proper maintenance); footings, slab; elevators of the Building; water, sewer, and electrical lines and equipment located on or under the Property but outside of the Premises; and landscaping and parking areas on the Property. Landlord shall operatehire a licensed heating, maintain andventilating and air conditioning contractor to regularly and periodically inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Premises (except as otherwise provided in Paragraph 37), and the cost of such contractor shall be a Property Maintenance Expense. Landlord shall hire, at Tenant’s sole cost and expense, a licensed roofing contractor to regularly and periodically inspect and perform required maintenance on the roof of Premises, and the cost of such contractor shall be a Property Maintenance Expense. Landlord shall regularly and periodically sweep and clean the driveways and parking areas. The provisions of this Paragraph 9.3 shall in no way limit the right of Landlord to charge to Tenant, as Property Maintenance Costs pursuant to Paragraph 5.1 (to the extent permitted pursuant to Paragraph 5.1), the costs incurred by Landlord in performing such maintenance and making such repairs or replacements permitted or required by Paragraph 5.1(c), and hiring such contractors. The term “exterior walls” as used in this Paragraph 9.3 shall not include windows, glass or plate glass, doors, door locks, dock bumpers or dock plates, special store fronts or office entries. Any damage caused by or repairs necessitated by any negligence or act of Tenant or Tenant’s subtenants or assignees or their respective successors or their respective agents, employees, principals, contractors, or invitees (individually, a “Tenant Party,” and together, the “Tenant Parties”), may be repaired by Landlord at Landlord’s option and Tenant’s expense, subject to Paragraph 18. Tenant shall immediately give Landlord written notice of any defect or need of repairs in such components of the Building for which Landlord is responsible, after which Landlord shall have a reasonable opportunity and the right to enter the Premises at all reasonable times to repair same. Landlord’s liability with respect to any defects, repairs, or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance, and 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 repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project or to fixtures, appurtenances or equipment in the Building, except as provided in Section 6.2 hereof, make all necessary repairs (both structural and nonstructural) to the structural portions Paragraph 20. If Landlord’s exercise of the Building and the Premises (including without limitation, the roof, foundation, floor slab, exterior walls and load bearing walls), (ii) the Building Systems, and (iii) the Common Areas, in conformance with standards applicable to Comparable Buildings (collectively, the "Landlord Repair Areas"). Tenant's Repair and Maintenance. Tenant shall promptly, at its expense and in compliance with Article 5, make all nonstructural repairs to the Premises and the fixtures, equipment and/or and appurtenances therein (collectively, "Building Fixtures") as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage from condemnation or casualty. All damage to the Building or to any portion thereofrights under this Paragraph 9.3, or to any Building Fixtures requiring structural Landlord’s performance of its obligations under this Paragraph 9.3, renders all or nonstructural repair caused by or resulting from any act, omission, neglect or improper conduct of or the moving of Tenant's Property or Equipment into, within or out a material portion of the Premises by a inaccessible or otherwise untenantable for 7 consecutive business days such that Tenant Party, shall be repaired at Tenant's expense by (i) Tenant, if cannot and does not operate its business from the required repairs are nonstructural in nature and do not affect any Building System, or (ii) Landlord, if the required repairs are structural in nature, involve replacement of exterior window glass or affect any Building System. All Tenant repairs shall be of good quality utilizing new construction materials. If Tenant fails after 10 days' notice (Premises or such shorter period portion for such period, then as may be required Tenant’s sole and exclusive remedy for such inaccessibility or untenantability Landlord will equitably xxxxx Tenant’s obligation to pay Base Rental and Tenant’s Proportionate Share of Operating Expenses (as set forth in an emergencyParagraph 5) to proceed with due diligence to make any repairs required to be made by Tenantbeginning on the 8th business day after the Premises or such portion becomes inaccessible or otherwise untenantable, Landlord may make and ending on the date on which the Premises or such repairs portion becomes accessible and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within 10 days after delivery of an invoice therefor. Interruptions Due to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Real Property, including the Building Systems (collectively, "Restorative Work"), as Landlord deems necessary or desirable, provided that in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work)tenantable. Landlord shall use reasonable efforts to minimize interference with Tenant's use perform and occupancy of the Premises during the performance of such Restorative Work. There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Leaseconstruct, and Tenant shall have no liability on the part of Landlord by reason of inconvenience, annoyance responsibility to perform or injury to business arising from Landlord, Tenant or others performing, or failing to performconstruct, any Restorative Work. Landlord shall use its commercially reasonable efforts to restore any interruption of access, use repair or services as soon as reasonably possible. Notwithstanding any contrary provision improvements necessitated by Landlord’s negligence or breach of this Lease, if Tenant is prevented from using for or that of Landlord’s agents, employees, or contractors. Notwithstanding the conduct foregoing, Landlord will replace the roof coating according to the specifications set forth on Exhibit N attached hereto, by the 3rd anniversary of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for 15 consecutive Business Days (the "Eligibility Period") as a result of (i) any construction, repair, maintenance or alteration performed by Landlord after the Commencement Date at Landlord’s sole cost, and not necessitated by the negligence or willful misconduct of any Tenant Party, or (ii) the failure in any material respect of Landlord or its agents or contractors to provide to the Premises any of the utilities and services required to be provided under this Lease (including Article 10 below) and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, (iii) any failure to provide access to the Premises and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, or (iv) because of the presence of Hazardous Materials in, on or around the Building, the Premises or the Real Property which were not caused or introduced by any Tenant Party and which Hazardous Materials pose a material and significant health risk to occupants of the Premises, then, in any and all such events, Tenant's obligation to pay Fixed Rent, Tenant's as an Operating Payment and Tenant's Tax Payment shall be abated or reduced, as the case may be, from and after the first (1st) day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the PremisesExpense.

Landlord’s Repair and Maintenance. Except for any repairs or replacements which are Tenant’s obligation pursuant to this Lease or arise from the negligence of Tenant, its agents, servants, employees, licensees, or invitees all of which, shall be the sole responsibility of Tenant, Landlord will maintain, repair, replace and restore in reasonably good order and condition at a level substantially similar to the level of service and maintenance that is typical in other similar class office buildings in the vicinity of the Project and at Landlord’s sole cost and expense the Project and to the extent permissible, all such costs shall be included within the calculation of Operating Expenses and reimbursed to Landlord as Additional Rent pursuant to Section 5.1(b). (a) Notwithstanding the foregoing: Landlord shall operateat its sole cost and expense (i) maintain, maintain andrepair, except as provided in Section 6.2 hereof, make all necessary repairs (both structural replace and nonstructural) to restore the structural portions structure of the Building and the Premises (including without limitation, the roof, foundation, floor slab, exterior walls and load bearing walls), Building; (ii) shall perform all repairs, replacements, installations and improvements that are necessary to cause the Building SystemsProject to comply with zoning ordinances and/or Legal Requirements (provided that the foregoing shall not apply to Tenant Alterations, and (iii) the Common Areas, in conformance with standards applicable to Comparable Buildings (collectively, the "Landlord Repair Areas"). Tenant's Repair and Maintenance. Tenant shall promptly, at its expense and in compliance with Article 5, make all nonstructural repairs to the Premises and the fixtures, equipment and/or and appurtenances therein (collectively, "Building Fixtures") as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage from condemnation or casualty. All damage to the Building or to any portion thereof, or to any Building Fixtures requiring structural or nonstructural repair caused by or resulting from any act, omission, neglect or improper conduct of or the moving of Tenant's Property or Equipment into, within or out use of the Premises by a Tenant Party, shall be repaired at Tenant's expense by (i) Tenant, if the required repairs are nonstructural in nature and do not affect any Building System, or (ii) Landlord, if the required repairs are structural in nature, involve replacement of exterior window glass or affect any Building System. All Tenant repairs shall be of good quality utilizing new construction materials. If Tenant fails after 10 days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within 10 days after delivery of an invoice therefor. Interruptions Due to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Real Property, including the Building Systems (collectively, "Restorative Work"), as Landlord deems necessary or desirable, provided that in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level Permitted Use or installations of such services during the performance of any such Restorative Work). Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during the performance of such Restorative Work. There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance ’s fixtures or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work. Landlord shall use its commercially reasonable efforts to restore any interruption of access, use or services as soon as reasonably possible. Notwithstanding any contrary provision of this Lease, if Tenant is prevented from using for the conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for 15 consecutive Business Days (the "Eligibility Period") as a result of (i) any construction, repair, maintenance or alteration performed by Landlord after the Commencement Date and not necessitated by the negligence or willful misconduct of any Tenant Party, or (ii) the failure in any material respect of Landlord or its agents or contractors to provide to the Premises any of the utilities and services required to be provided under this Lease (including Article 10 below) and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, furnishings); (iii) any failure to provide access to resurface, restripe, and reseal the Premises parking areas and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, or drives; and/or (iv) because conduct and complete any and all repairs that are necessary to comply with, or cure breaches of, Landlord’s Representations, and all such costs for the items enumerated in this Section 12.1(a) shall not be included in Operating Expenses. For purposes of this Section 12.1(a), the “structure of the presence Building” shall mean the roof (including roof membrane, flashing, gutters and downspouts), foundation, foundation piers, floors, floor joists, exterior walls, exterior windows and skylights, support columns of Hazardous Materials inthe Building. (b) Landlord will also maintain, on or around repair and restore all HVAC, plumbing, mechanical, electrical and other systems serving the Building, and the Premises or the Real Property cost of which were not caused or introduced by any Tenant Party and which Hazardous Materials pose a material and significant health risk to occupants of the Premises, then, in any and all such events, Tenant's obligation to pay Fixed Rent, Tenant's Operating Payment and Tenant's Tax Payment shall be abated or reduced, includable as the case may be, from and after the first (1st) day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears Operating Expenses; except to the total rentable square feet of extent such cost, repair or service is covered by Section 12.1(a) in which case it will be a Landlord expense and not an Operating Expense. Landlord represents to Tenant that it shall maintain its current maintenance contract with an HVAC service provider to maintain the PremisesHVAC system.