Common use of Landlord’s Repair Obligations Clause in Contracts

Landlord’s Repair Obligations. (a) Landlord shall maintain or cause to be maintained, the Shopping Center and all utility lines servicing the Premises and located five (5) feet outside of the Premises, in good order and repair at Landlord's expense (which is reimbursable by Tenant as part of Common Area Maintenance [Article 16] and keep all Access Drive(s) and parking areas in good repair free of potholes, snow, ice and debris including repair, striping or maintenance of the parking lot which shall be part of Common Area Maintenance. Landlord has no obligation to repair or maintain any part of the building, drive-thru lanes or any improvement constructed by Tenant on the Premises. (b) If Landlord fails or refuses to make or perform any of the repairs, maintenance or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty (20) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable notice, or complete such repair, maintenance or replacements unless such the same are delayed by weather conditions or force majeure events, then Tenant shall have the right to make such required maintenance, repairs and replacements in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof within thirty (30) days after a receipt of a bxxx together with copies of all invoices and if Landlord shall fail to make such payment, Tenant shall be entitled to offset the amount due against Minimum Rent, and other amounts due hereunder.

Landlord’s Repair Obligations. In the event of a fire or other casualty described in Sections 11.1 or 11.2 (a) but not in Section 11.3 ), if this Lease is not terminated under Sections 11.2 or 11.4 following a fire or other casualty, then this Lease will remain in full force and effect and Landlord shall maintain or cause to be maintainedwill, the Shopping Center at Landlord’s sole cost and all utility lines servicing expense, repair and restore the Premises and located five the Property (5including all Tenant’s Improvements and other Alterations made by or on behalf of Tenant) feet outside to as near their condition prior to the fire or other casualty as is reasonably possible, with all commercially reasonable diligence and speed (subject to Tenant Delays). Notwithstanding the foregoing, if the fire or other casualty occurs after the completion and installation of Tenant’s Improvements but prior to the PremisesCommencement Date, in good order and repair at Landlord's expense (which is reimbursable but the Build-Out Period has nonetheless not ended because of a failure by Tenant as part to deliver the written notice referenced in the first sentence of Common Area Maintenance [Article 16] and keep all Access Drive(s) and parking areas in good repair free of potholesSection 11.3, snow, ice and debris including repair, striping or maintenance of the parking lot which shall Landlord will be part of Common Area Maintenance. Landlord has no obligation obligated to repair or maintain any part of and restore Tenant’s Improvements if and only to the building, drive-thru lanes or any improvement constructed by Tenant on the Premises. (b) extent insurance proceeds therefor are available to Landlord at no additional cost. If Landlord fails or refuses determined that the Premises and Property could be restored within 180 days, but Landlord fails, for any reason (other than Tenant Delays), to make or perform any of the repairs, maintenance or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty (20) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable notice, or complete such repair, maintenance or replacements unless repair and restoration within such the same are delayed by weather conditions or force majeure events180-day period, then Tenant shall have the right to make terminate this Lease by notice to Landlord given at any time within the 30-day period immediately following the expiration of such required maintenance180-day period but prior to Landlord’s restoration of the Premises and Property. Basic Rent and Tenant’s Share of Expenses for any period during which the Premises are untenantable as a result of any casualty (regardless of whether such casualty gives rise to a termination right in favor of Tenant or Landlord under this Lease) will xxxxx on a per diem basis commencing on the date of the casualty and ending on the date on which the Premises and Property (or applicable portion thereof) are restored to ·a tenantable condition (including the availability of reasonable access to and from the same); provided, repairs and replacements in which event Landlord agrees however, that it if only a portion of the Premises is untenantable, then any such abatement will on demand pay be pro rata (based upon the rentable area of the untenantable portion of the Premises from time to time as compared with the Tenant rentable area of the cost thereof within thirty (30) days after a receipt of a bxxx together with copies of all invoices and if Landlord shall fail to make such payment, Tenant shall be entitled to offset the amount due against Minimum Rententire Premises), and other amounts due Tenant will continue to pay Basic Rent and Tenant’s Share of Expenses for any portion of the Premises which is tenantable. In no event is Landlord obligated to repair or restore any Alterations that have not been previously disclosed to Landlord or Property Manager, and approved by (but only if such approval is required hereunder) Landlord, or any personal property or trade fixtures of Tenant. Landlord will, if necessary, equitably adjust the Basic Rent and Tenant’s Share of Expenses Percentage to account for any reduction in the rentable area of the Premises or Building resulting from a casualty.

Landlord’s Repair Obligations. If this Lease is not terminated under Sections 11.1 through 11.3 following a fire or other casualty, then Landlord will repair and restore the Premises (aexcept as hereafter provided in this Section 11.5) Landlord shall maintain and the Building to as near their condition prior to the fire or cause other casualty as is reasonably possible with all commercially reasonable diligence and speed (subject to be maintaineddelays caused by Force Majeure. Tenant Delays or Change Orders) and Basic Rent and Tenant's Share of Excess Expenses for the period during which the applicable portion of the Premises are untenantable will xxxxx as hereafter provided. If 30% or more of a floor within the Premises is damaged by fire or other casualty, the Shopping Center and all utility lines servicing entire Rent applicable to such floor shall xxxxx as provided in Section 11.6, except for that portion of such floor in which Tenant continues to conduct its business. In such event, the Premises and located five (5) feet outside Rent for the portion of the Premisesdamaged floor in which Tenant continues to conduct its business shall, be pro rata based upon the RSF of that portion in which Tenant continues to conduct its business as compared with the RSF of the entire subject floor). In the event any portion of the PDC or the SCIFF Space is damaged by fire or other casualty, the entire Rent applicable to the PDC or the SCIFF Space shall xxxxx as provided in Section 11.6, except for that portion of the PDC or SCIFF Space in which Tenant continues to conduct its business. In such event, the Rent for such portion of the PDC or SCIFF Space in which Tenant continues to conduct its business shall be pro rata based upon the RSF of that portion in which Tenant continues to conduct is business as compared with the RSF, as applicable, of the entire PDC or SCIFF Space. Except for the Initial Improvements, Expansion Improvements and First Notice Space Improvements, in good order and repair at Landlord's expense (which no event is reimbursable by Tenant as part of Common Area Maintenance [Article 16] and keep all Access Drive(s) and parking areas in good repair free of potholes, snow, ice and debris including repair, striping or maintenance of the parking lot which shall be part of Common Area Maintenance. Landlord has no obligation obligated to repair or maintain restore any part Alterations that are not covered by Landlord's insurance, any special equipment or improvements installed by Tenant. any personal property, or any other property of Tenant. Landlord will equitably adjust Tenant's Share of Excess Expenses Percentage, subject to Section 3.10, to account for any reduction in the RSF of the building, drive-thru lanes Premises or any improvement constructed by Tenant on Building resulting from the Premisescasualty. (b) If Landlord fails or refuses to make or perform any of the repairs, maintenance or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty (20) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable notice, or complete such repair, maintenance or replacements unless such the same are delayed by weather conditions or force majeure events, then Tenant shall have the right to make such required maintenance, repairs and replacements in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof within thirty (30) days after a receipt of a bxxx together with copies of all invoices and if Landlord shall fail to make such payment, Tenant shall be entitled to offset the amount due against Minimum Rent, and other amounts due hereunder.

Landlord’s Repair Obligations. (a) If this Lease is not terminated under Sections 12.1 through 12.4 following a fire or other casualty, then, and only then, shall the provisions of this Section 12.5 apply. In such event, Landlord shall maintain or cause to be maintained, the Shopping Center will repair and all utility lines servicing restore the Premises and located five the Building to as near their condition prior to the fire or other casualty as is reasonably possible with all commercially reasonable diligence and speed (5) feet outside subject to delays caused by Tenant Delay or Force Majeure). If less than a Material Part of the PremisesPremises becomes untenantable due to fire or other casualty, in good order and repair at Landlord's expense (then Basic Rent for the period during which is reimbursable by Tenant as part of Common Area Maintenance [Article 16] and keep all Access Drive(s) and parking areas in good repair free of potholes, snow, ice and debris including repair, striping or maintenance such portion of the parking lot Premises is untenantable will xxxxx pro rata (based upon the rentable area of the untenantable portion of the Premises as compared with the rentable area of the entire Premises). If a Material Part of the Premises becomes untenantable due to fire or other casualty and Tenant is able to and does operate in a portion of the Premises for business, then Basic Rent for the period during which shall the Premises are untenantable will be part equitably abated in accordance with the nature and extent of Common Area MaintenanceTenant’s inability to use portions of the Premises (whether or not damaged) for the conduct of its business, as permitted by this Lease, caused by such fire or other casualty. If the whole or a Material Part of the Premises becomes untenantable due to fire or other casualty and Tenant is not able to and does not operate in any portion of the Premises for business as a result of such fire or other casualty, then Basic Rent for the period during which the Premises are untenantable will xxxxx in full. In no event is Landlord has no obligation obligated to repair or maintain restore any part special equipment or improvements installed by Tenant, or any personal or other property of Tenant. Landlord will reduce the Basic Rent for the period after the date Landlord completes such repair and restoration to a sum equal to the product of the buildingBasic Rent provided for in this Lease multiplied by a fraction, drive-thru lanes or any improvement constructed by Tenant on the Premises. (b) If Landlord fails or refuses to make or perform any numerator of which is the rentable area of the repairs, maintenance Premises after such repair and restoration and the denominator of which is the rentable area of the Premises prior to such damage or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty (20) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable notice, or complete such repair, maintenance or replacements unless such the same are delayed by weather conditions or force majeure events, then Tenant shall have the right to make such required maintenance, repairs and replacements in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof within thirty (30) days after a receipt of a bxxx together with copies of all invoices and if Landlord shall fail to make such payment, Tenant shall be entitled to offset the amount due against Minimum Rent, and other amounts due hereunderdestruction.

Landlord’s Repair Obligations. (a) Landlord shall maintain or cause If this Lease does not terminate with respect to be maintained, the Shopping Center entire Premises under Section 12.1 and all utility lines servicing the Premises and located five (5) feet outside Taking includes a portion of the Premises, this Lease automatically terminates as to the portion of the Premises taken as of the date the Condemning Authority takes possession of the portion taken and Landlord will, at its sole cost and expense, with all commercially reasonable diligence and speed, restore the remaining portion of the Premises to a complete architectural unit and restore all Landlord Improvements and Tenant Improvements originally constructed and/or installed by Landlord or Tenant, with all commercially reasonable diligence and speed. The Basic Rent for the period after the date the Condemning Authority takes possession of the portion of the Premises taken shall be reduced to a sum equal to the product of the Basic Rent provided for in good order and repair at Landlord's expense (this Lease multiplied by a fraction, the numerator of which is reimbursable the rentable area of the Premises after the Taking and after Landlord restores the Premises (including, without limitation, the Tenant Improvements) to a complete architectural unit, and the denominator of which is the rentable area of the Premises prior to the Taking, and Tenant’s Share of Operating Expenses Percentage for the same period, as adjusted pursuant to Section 3.10, shall be reduced to a percentage equal to the ratio of the rentable area of the Premises after the Taking and after Landlord restores the Premises, (including, without limitation, the Landlord Improvements and the Tenant Improvements) to a complete architectural unit, to the rentable area of the Premises prior to the taking, to account for the reduction in the rentable area of the Premises or the Building resulting from the Taking. Tenant’s obligation to pay Basic Rent and Tenant’s Share of Operating Expenses will xxxxx on a proportionate basis with respect to that portion of the Premises remaining after the Taking that Tenant is unable to use during Landlord’s restoration for the period of time that Tenant is unable to use such portion of the Premises. The condition of the Premises following Landlord’s restoration shall meet the following requirements: (i) the Premises (including, without limitation, the Tenant Improvements) shall be finished to materially the same quality and standard of the Premises existing immediately prior to the Taking; (ii) parking shall be available for use by Tenant at least to the extent necessary to provide parking spaces sufficient to satisfy the requirements of Section 4.7 hereof; and (iii) the Building, as part of Common Area Maintenance [Article 16] and keep restored, shall constitute an architecturally viable first-class building, including, without limitation, public entryways, first floor lobby, elevator lobbies on all Access Drive(s) and parking areas in good repair free of potholes, snow, ice and debris including repair, striping or maintenance floors of the parking lot which shall Premises, all finished to materially the same quality and standards existing immediately prior to the Taking, materially in accordance with the Improvements Standard described in Section 17, and with the facilities and services required to be part of Common Area Maintenanceprovided to Tenant by Landlord hereunder. Landlord has no obligation to repair or maintain any part of the building, drive-thru lanes or any improvement constructed by Tenant on the Premises. (b) If Landlord fails to complete its restoration obligations hereunder with respect to the Building and the Premises (including, without limitation, Landlord Improvements and Tenant Improvements) within one hundred eighty (180) days following the date the Condemning Authority takes possession, subject to extension for Tenant Delay or refuses to make or perform any of Force Majeure (the repairs, maintenance or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty (20) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable notice, or complete such repair, maintenance or replacements unless such the same are delayed by weather conditions or force majeure events“Condemnation Restoration Delivery Date”), then Tenant shall have may thereafter, but prior to Substantial Completion of the right restoration in accordance with this Section 12.2, give written notice within ten (10) days after the Condemnation Restoration Delivery Date to make such required maintenance, repairs and replacements Landlord of Tenant’s desire to terminate this Lease. If Substantial Completion of the restoration described in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof this Section 12.2 has not occurred within thirty (30) days after a Landlord’s receipt of a bxxx together with copies of all invoices and if Landlord shall fail to make such paymentnotice, Tenant shall have the right to terminate this Lease at any time thereafter, but prior to Substantial Completion of the restoration described in this Section 12.2. Time is of the essence with respect to Tenant’s termination notice to be entitled delivered pursuant to offset the amount due against Minimum Rentthis Section 12.2, and other amounts due hereunderif Tenant does not deliver such notice within the above-described ten (10) day period, Tenant will be deemed to have waived its right to terminate this Lease pursuant to this Section 12.2.

Landlord’s Repair Obligations. (a) Landlord shall maintain or cause to be maintained, the Shopping Center and all utility lines servicing the Premises and located five (5) feet outside of the Premises, in good order and repair at Landlord's expense (which is reimbursable by Tenant as part of Common Area Maintenance [Article 16] and keep all Access Drive(s) and parking areas in good repair free of potholes, snow, ice and debris including repair, striping or maintenance of the parking lot which shall be part of Common Area Maintenance. Landlord has no obligation to repair or maintain any part of the building, drive-thru lanes or any improvement constructed by Tenant on the Premises. (b) If Landlord fails or refuses to make or perform any of the repairs, maintenance or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty (20) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable notice, or complete such repair, maintenance or replacements unless such the same are delayed by weather conditions or force majeure events, then Tenant shall have the right to make such required maintenance, repairs and replacements in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof within thirty (30) days after a receipt of a bxxx xxxx together with copies of all invoices and if Landlord shall fail to make such payment, Tenant shall be entitled to offset the amount due against Minimum Rent, and other amounts due hereunder.

Landlord’s Repair Obligations. Landlord shall maintain the Common Areas of the Building that are not the responsibility of Master Landlord to maintain under the Master Lease to the standard specified in Section 7.1 of the Master Lease and shall effect repairs required by Section 3.2(c) of this Sublease. In no event will Landlord have any obligation to maintain or repair any portion of the Sublease Premises or the Building that Master Landlord is obligated to maintain or repair. (a) With respect to repairs required to be effected by Master Landlord pursuant to the Master Lease, promptly following Landlord's receipt and written notice from Tenant identifying such repairs ("Repair Notice"), the following shall apply: (i) Landlord shall maintain reasonably investigate Tenant's Repair Notice, and, if Landlord reasonably determines that Master Landlord is responsible for such repairs under Section 7.1 of the Master Lease, Landlord shall commence and diligently pursue to completion commercially reasonably efforts to cause Master Landlord to undertake appropriate corrective action, including filing appropriate legal action if required. (ii) If Landlord and Tenant disagree as to whether Master Landlord is responsible for such repairs, or cause as to be maintainedwhether Landlord is vigorously pursuing Master Landlord for the purpose of causing Master Landlord to effect such repairs, the Shopping Center and all utility lines servicing the Premises and located five matter shall be submitted for Interim Resolution pursuant to Section 18.1 below. (5iii) feet outside If Landlord fails to commence using commercially reasonable efforts within ten (10) business days after receipt of the PremisesTenant's Repair Notice (or, in good order and repair at case of a dispute under Section 7.2(a)(ii) above, within ten (10) business days after an Interim Resolution requiring Landlord to undertake such efforts), or if Landlord timely commences using, but thereafter fails to diligently pursue commercially reasonable efforts to cause the correction of latent defects by Master Landlord, and, provided in either such case Tenant gives an additional thirty (30) days' notice to Landlord of Tenant's expense (which is reimbursable by intention to invoke its rights under this Section 7.2(a)(iii), Tenant as part of Common Area Maintenance [Article 16] and keep all Access Drive(s) and parking areas in good repair free of potholes, snow, ice and debris including repair, striping or maintenance of shall have the parking lot which shall be part of Common Area Maintenance. Landlord has no obligation right to repair or maintain any part of exercise the building, drive-thru lanes or any improvement constructed by Tenant on the PremisesMaster Lease Self Help Rights. (b) If Landlord fails or refuses to make or perform any of Tenant exercises the repairs, maintenance or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty Master Lease Self Help Rights specified in Section 7.2(a)(iii) above: (20A) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable notice, or complete such repair, maintenance or replacements unless such the same are delayed by weather conditions or force majeure events, then Tenant shall have the right to make such required maintenanceprotect, repairs defend and replacements in which event hold Landlord agrees that it will on demand pay to the Tenant the cost thereof within thirty free and harmless from and against any and all Claims; and (30B) days after a receipt of a bxxx together with copies of all invoices and if Landlord shall fail to make such payment, Tenant shall be entitled to offset receive such reimbursement as Landlord receives from Master Landlord pursuant to Section 7.2 of the amount due against Minimum Rent, and other amounts due hereunderMaster Lease in respect of the corrective action(s) taken by Tenant.

Landlord’s Repair Obligations. Except as provided in Sections 12 and ----------------------------- 13, Landlord shall, subject to Section 14 and the second and third sentences of Section 10.2, be obligated only to maintain and make necessary repairs to the structural elements of the Building, the roof of the Building, the elevators within the Building, the public corridors, public washrooms and lobby of the Building, the exterior windows of the Building, and, subject to the provisions of Section 8, the electrical, plumbing, heating, ventilation and air conditioning systems of the Building. Tenant agrees to give prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Property, the Building or the Premises or in and to the fixtures, appurtenances or equipment thereof, shall not be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable for damages by abatement or reduction of Rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord will use reasonable efforts to schedule work in the Premises so as to minimize any adverse effect thereof on Tenant's business. If Tenant requests that such work be done after normal business hours, and if Landlord consents thereto (a) Landlord shall maintain or cause such consent not to be maintainedunreasonably withheld), Landlord will cause such work to be done after normal business hours and Tenant will pay the Shopping Center increased cost thereof within ten days of Tenant's receipt of a xxxx therefor. Tenant hereby waives and all utility lines servicing the Premises and located five (5) feet outside of the Premises, in good order and repair releases its right to make repairs at Landlord's expense (which is reimbursable by Tenant as part of Common Area Maintenance [Article 16] and keep all Access Drive(s) and parking areas in good repair free of potholesunder any law, snow, ice and debris including repair, striping or maintenance of the parking lot which shall be part of Common Area Maintenance. Landlord has no obligation to repair or maintain any part of the building, drive-thru lanes or any improvement constructed by Tenant on the Premises. (b) If Landlord fails or refuses to make or perform any of the repairs, maintenance or replacements required to be performed by Landlord under this Lease, including Common Area Maintenance and if, Landlord, fails or refuses, within twenty (20) business days after written notice from Tenant to commence (and thereafter complete) or such shorter period in the event of an emergency or if Landlord fails to remove snow and debris after reasonable noticestatute, or complete such repair, maintenance ordinance now or replacements unless such the same are delayed by weather conditions or force majeure events, then Tenant shall have the right to make such required maintenance, repairs and replacements hereafter in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof within thirty (30) days after a receipt of a bxxx together with copies of all invoices and if Landlord shall fail to make such payment, Tenant shall be entitled to offset the amount due against Minimum Rent, and other amounts due hereundereffect.