Common use of Landlord’s Repairs Clause in Contracts

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), and the foundation of the Building); provided, however, to the extent such maintenance, repairs or repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, 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 any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance notice.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense maintain (and not as an operating expensei) shall repair, maintain and replace the structural portions of the Building and Premises, (including ii) the roofBase, floor Shell and ceiling slabsCore improvements of the Building and the basic plumbing, exterior wallsheating, structural columns ventilating, air conditioning and load bearing walls, building façade, utility lines electrical systems serving the building Building and not located in the Premises, and (to iii) the extent not the responsibility common areas of the utility company), Building and the foundation of the Building)Real Property; provided, however, to the extent if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairsto perform any maintenance. Except as otherwise provided hereinin Section 6.5 above, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the ProjectReal Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided provided, however, that Landlord does agrees to use commercially reasonable efforts to cause such repairs, alterations and improvements to be performed so as not interrupt any building services or utilities to materially and provides Tenant reasonable advance notice.adversely interfere with Tenant's normal business functions within the

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense maintain (and not as an operating expensei) shall repair, maintain and replace the structural portions of the Building and Premises, (including ii) the roofBase, floor Shell and ceiling slabsCore improvements of the Building and the basic plumbing, exterior wallsheating, structural columns ventilating, air conditioning and load bearing walls, building façade, utility lines electrical systems serving the building Building. and (to iii) the extent not the responsibility common areas of the utility company), Building and the foundation of the Building)Real Property; provided, however, to the extent if any such maintenance, repairs or repairs are caused in pan or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees agents or inviteesemployees, Tenant shall pay to Landlord as Additional Rentadditional rent, the reasonable cost of such maintenance repairs, but only to the extent the cost of such repairs is not coveted by insurance proceeds actually received by Landlord. Subject to Landlords indemnity of Tenant in Section 10.1 below and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant subject to this Section 7.2 of which Tenant becomes aware. 6.5 above, Landlord shall not be in default liable for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairsto perform any maintenance. Except as otherwise provided hereinin Section 6.5 above, there shall be no abatement of rent and no liability of Landlord landlord by reason of any injury to or interference with Tenant’s Tenants business arising from the making of any repairs, alterations or improvements in or to any portion of the ProjectReal Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided provided, however, that Landlord does agrees to use commercially reasonable efforts to cause such repairs, alterations and improvements to be performed so as not interrupt to materially or adversely interfere with Tenants normal business functions within the Premises. Tenant hereby waives and releases its right to make repairs at Landlords expense under Sections 1941 and 1942 of the California Civil Code, or under any building services similar law, statute, or utilities and provides Tenant reasonable advance noticeordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including and the roofplumbing, floor heating, ventilating, air conditioning, life safety and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines electrical systems serving the building (to Building and not located in the extent not the responsibility of the utility company), and the foundation of the Building)Premises; provided, however, to the extent if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licensees or invitees, Tenant shall pay to Landlord Landlord, as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there There shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with TenantXxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Premises or Building or the Premises Complex or in or to fixtures, appurtenances and equipment therein; provided that therein but Landlord does shall take reasonable measures not interrupt to interfere with Xxxxxx’s business. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make any building services repairs, alterations, improvements or utilities additions to the Premises or to the Building Complex or to any equipment located in the Building Complex as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and provides Tenant reasonable advance noticereleases its right to make repairs at Landlord’s expense under any law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expensepart of Operating Expenses (except as otherwise permitted in Section 4.2.3 above)) shall repair, maintain and replace the structural portions of the Building (including the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façadefacade, utility lines lines). As part of Operating Expenses, Landlord shall be responsible for the repair, maintenance and replacement of basic plumbing, HVAC and electrical systems serving the building (to the extent not the responsibility of the utility company), and the foundation of the Building); provided, however, to the extent such maintenance, repairs or repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant Xxxxxx becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 thirty (30) days after TenantXxxxxx’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairsrepairs (or such longer period as may be required to effect such repairs so long as Landlord is diligently prosecuting the cure to completion). Except as otherwise provided hereinin Section 6.9 above, 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 any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does therein . Xxxxxxxx agrees to use commercially reasonably efforts not to interrupt any building Building services or utilities and provides Tenant reasonable advance noticenotice of any repairs which affect the Premises.

Landlord’s Repairs. Anything contained in Section 7.1 above The Landlord shall, from time to time, throughout the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, Term: (a) at its sole cost cost, carry out as soon as possible in the circumstances after receipt of notice thereof in writing from the Tenant, structural repairs to the foundations, exterior walls (excluding store-fronts and expense (and not as an operating expense) shall repairglass), maintain and replace structural subfloors, the structural portions of the Building (including the roof, floor bearing walls and ceiling slabs, exterior walls, structural columns and load bearing wallsbeams which interfere with or impair the use, building façadeoccupancy or safety of the Leased Premises; (b) carry out repairs or replacements to the Common Areas and the Common Facilities, utility lines serving including the building heating, ventilating and air-conditioning systems forming part of the Common Facilities; and (c) repair all damage to the Leased Premises which is covered by any insurance required by the Landlord in accordance with the provisions of Article 8.03 hereof to the extent not the responsibility of the utility company), and proceeds of such insurance applicable thereto; PROVIDED HOWEVER that if any such repairs are necessitated by the foundation negligence or misconduct of the Building); provided, however, to the extent such maintenance, repairs or repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its servants, agents, servantscontractors, licensees, employees or inviteesothers for whom in law the Tenant is responsible, the Tenant shall pay to the Landlord as Additional Rent, on demand the reasonable cost of such maintenance repairs and repairsa fee of twenty (20%) percent for the Landlord's supervisory function and interest on the aggregate amount of both of the foregoing from the date of expenditure of the first mentioned monies by the Landlord. Tenant shall promptly give Landlord written notice of PROVIDED FURTHER that in any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. event the Landlord shall not be in default responsible for any failure damages, loss or injury sustained by the Tenant or any person or persons claiming through or under it, by reason of defects giving rise to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided hereinrepairs or the consequence thereof, there shall be no abatement including the inconvenience occasioned to the Tenant by the entry of rent and no liability of Landlord by reason of any injury the Landlord, its employees, servants, agents, or contractors on the Leased Premises to or interference with Tenant’s business arising from the making of any effect such repairs, alterations or improvements provided the Landlord abides by the Tenant's reasonable requirements and exercises prudent care in or to any portion the conduct of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticeits work.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) Landlord shall repair, maintain and replace the structural portions of the Building (including keep the roof, floor and ceiling slabsfoundation, exterior walls, structural columns and load bearing walls, building façadecommon areas, heating, air conditioning, mechanical and electrical systems, and all sewer and utility lines serving of the building (Building including, but not limited to, all sewer connections, plumbing, heating appliances, wiring, and glass, in good order and repair, shall furnish Tenant all Building standard florescent bulb replacement in all areas and all incandescent bulb replacement in the common areas and service areas within the Building. Notwithstanding anything to the extent not contrary contained herein and except as otherwise provided in the preceding sentence, Landlord shall have no obligation to maintain, replace, or repair any other improvements located within the Premises, the maintenance of which is and shall be the responsibility of Tenant. Notwithstanding the utility company), and the foundation obligation of the Building); provided, however, to the extent such maintenance, repairs or repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or inviteesLandlord under this Section 7.1, Tenant shall pay to Landlord as Additional Rent, be responsible for the reasonable cost of such maintenance any and repairs. all damage arising from the negligence or willful misconduct of Tenant shall promptly give Landlord written notice or any of any repair required by Landlord pursuant to this Section 7.2 of which the Tenant becomes awareParties. Landlord shall not be in default for any failure have no obligation to make any repairs unless and until Tenant notifies Landlord in writing of the necessity thereof, in which event Landlord shall have reasonable time in which to make such repairs; however, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Tenant may notify Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason verbally of any injury minor, routine or day-to-day repairs which need to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticebe made.

Landlord’s Repairs. Anything contained in Section 7.1 Paragraph 8(a) above to the contrary notwithstanding, and subject to Articles Paragraphs 10 and 11 of this Lease, Landlord shall maintain, as part of Operating Expenses, the common areas of the Project (including those systems and 12 belowequipment located outside the Building but serving the Building), Landlordthe existing HVAC equipment located on the roof of the Building and the equipment providing distribution within the Building of the HVAC from such existing HVAC equipment, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building roof (including the roofroof membrane), the foundation and floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility slabs of the utility company), Building and the foundation load-bearing portions of walls (excluding wall coverings, painting, glass and doors) of the Building and the existing fire/life safety systems and equipment located in the Building); provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay directly to Landlord as Additional Rentadditional rent (but not as part of Operating Expenses), the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Except as expressly provided in Paragraph 7(d) above, Landlord shall not be in default liable for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, to perform any 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 any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code; provided that Landlord does not interrupt or under any building services similar law, statute, or utilities and provides Tenant reasonable advance noticeordinance now or hereafter in effect.”

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, LandlordLandlord shall maintain, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions soundness of the roof, foundation, floors, columns and exterior walls of the Building (including the roofin good repair, floor reasonable wear and ceiling slabs, exterior walls, structural columns tear and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), uninsured losses and the foundation of the Building); provided, however, to the extent such maintenance, repairs or repairs are damages caused by the act, neglect, fault of or omission of any duty by Tenant, its agentsagents and contractors excluded. The term "walls" as used in this Paragraph 10 shall not include windows, servantsglass or plate glass, employees doors or inviteesoverhead doors, Tenant shall pay to Landlord as Additional Rentspecial store fronts, the reasonable cost of such maintenance and repairsdock bumpers, dock plates or levelers, or office entries. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 Paragraph 10, after which Landlord shall have a reasonable opportunity to repair. After Tenant takes possession of which Tenant becomes awarethe Premises, it shall within thirty (30) days thereafter give notice to Landlord of items of construction that are Landlord's responsibility that need repair or correction, and Landlord shall promptly correct such "punchlist" items. Landlord shall also be responsible for repairing any latent construction defects to the items which are Landlord's responsibility to maintain at its expense under this Paragraph 10 and the Tenant Improvements (as defined in Addendum B attacked hereto) which cannot reasonably have been discovered by Tenant within such 30-day period. The cost of repairing the construction defects referred to in the previous sentence shall not be included in default Operating Expenses for any failure to make any such repairs, unless such failure shall persist for 30 days after purposes of Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, 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 any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance notice's Proportionate Share thereof.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including and the roofbasic plumbing, floor heating, ventilating, air conditioning and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines electrical systems serving the building (to Building and not located in the extent not the responsibility of the utility company), and the foundation of the Building)Premises; provided, however, and subject to the extent Section 10.4, if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licenses or invitees, Tenant shall pay to Landlord Landlord, as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable to Tenant for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (oror to perform any maintenance hereunder, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, and there shall be no abatement of rent and no liability of Landlord Rent by reason of any injury to or interference with Tenant’s business arising from the making of a failure to make any repairs, alterations or improvements in or to any portion of the Project, Premises or Building or the Premises Complex or in or to fixtures, appurtenances and equipment therein; provided that . Landlord does may, but shall not interrupt be required to, enter the Premises at all reasonable times to make any building services repairs, alterations, improvements or utilities additions to the Premises or to the Building Complex or to any equipment located in the Building Complex as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and provides Tenant reasonable advance noticereleases its right to make repairs at Landlord’s expense under any law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including and the roofbasic plumbing, floor heating, ventilating, air conditioning and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines electrical systems serving the building (to Building and not located in the extent not the responsibility of the utility company), and the foundation of the Building)Premises; provided, however, to the extent if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licenses or invitees, Tenant shall pay to Landlord Landlord, as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable to Tenant for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (oror to perform any maintenance hereunder, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, and there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of a failure to make any repairs, alterations or improvements in or to any portion of the Project, Premises or Building or the Premises Complex or in or to fixtures, appurtenances and equipment therein; provided that . Landlord does may, but shall not interrupt be required to, enter the Premises at all reasonable times to make any building services repairs, alterations, improvements or utilities additions to the Premises or to the Building Complex or to any equipment located in the Building Complex as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi–governmental authority or court order or decree. Tenant hereby waives and provides Tenant reasonable advance noticereleases its right to make repairs at Landlord’s expense under any law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained Landlord shall repair and maintain in good order, repair and condition, the cost of which shall be included in Operating Costs to the extent permitted in Section 7.1 above to 4 above, the contrary notwithstandingBuilding’s Structure, the Building’s Systems and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions common areas of the Building and Project (but not including any non-base building facilities installed in the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), and the foundation of the BuildingPremises); provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the act, neglect, fault of or omission willful act of any duty by TenantTenant Party, its agentsthen subject to the waiver of subrogation provision in this Lease, servants15 Second & Spring Avalara, employees or invitees, Inc. Tenant shall pay to Landlord as Additional additional Rent, the reasonable cost of such maintenance and repairs. , which payment shall be made by Tenant shall promptly give to Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 within thirty (30) days after Tenant’s written notice (orreceipt of an invoice therefor, if earlier, together with reasonable supporting evidence. Landlord shall commence to make all repairs under this Section as soon as reasonably possible after Landlord otherwise had notice or should have been awarelearns of the need for such repairs but in any event within thirty (30) days after Tenant notifies Landlord of the need for such repairs. Except as otherwise provided set forth herein, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of or failing to make any repairs, alterations or improvements in or to any portion of the Project, Building . Tenant hereby waives and releases any right to make repairs at Landlord’s expense under any Law now or the Premises or hereafter in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticeeffect.

Landlord’s Repairs. Anything contained in Section 7.1 6.1 above to the contrary notwithstanding, and subject Landlord shall maintain or cause to Articles 11 and 12 belowbe maintained, Landlordas part of Operating Expenses, at its sole cost and expense (and not as an operating expense) shall repairthe common areas of the Project, maintain and replace the structural portions of the Building roof (including the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility companyroof membrane), and the foundation and floor slabs of the Building)Premises and the load-bearing portions of walls (excluding wall coverings, painting, glass and doors) of the Premises; provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licensees or invitees, Tenant shall pay to Landlord Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable to Tenant for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (oror to perform any maintenance hereunder, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, and there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with TenantTxxxxx’s business arising from the making of or failure to make any repairs, alterations or improvements in or to any portion of the ProjectPremises, Building or the Premises Real Property or in or to fixtures, appurtenances and equipment therein; provided that , unless (i) Landlord does not interrupt fails to exercise commercially reasonable diligence in performing its maintenance and repair obligations hereunder, and (ii) such failure continues for ten (10) or more consecutive days after Tenant notifies Landlord of the needed repair in writing. Tenant hereby waives and releases its right to make repairs any building services Texas state law, statute, or utilities and provides Tenant reasonable advance noticeordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense ------------------ (and not subject to Landlord's right to receive Tenant's Compliance Contribution pursuant to Section 11.1(b) as an operating expense) Operating Expenses pursuant to Section 6.1), throughout the Term, shall repair, maintain and replace the structural portions take good care of the Building (including the roof, floor and ceiling slabsstructure (which, exterior walls, structural columns and for the purposes of this Agreement shall mean load bearing walls, building façadefoundation, utility lines serving roof system and exterior panels, excluding items of a cosmetic nature) and paved parking areas (in accordance with Section 10.5 herein) in the building Demised Premises (to including any improvements hereafter erected or installed on the extent not the responsibility of the utility companyLand), and shall keep the foundation same in good order and condition, and shall make and perform all routine maintenance thereof and all necessary repairs thereto, ordinary and extraordinary, foreseen and unforeseen, of the Building); providedevery nature, howeverkind and description. When used in this Article, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments. All repairs made by Landlord shall be at least equal in quality to the extent such maintenanceoriginal work and shall be made by Landlord in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs or repairs are caused shall be measured by the actstandards which are appropriate for improvements of similar construction and class, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, 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 any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt shall in any building services event make all repairs necessary to avoid any structural damage or utilities and provides Tenant reasonable advance noticeother damage or injury to the Improvements.

Landlord’s Repairs. Anything contained Subject to other provisions of this Article and Article 14 hereof, Landlord shall keep and maintain in Section 7.1 above to the contrary notwithstanding, good order and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace during the structural portions term of the Building (including this Lease, the roof, floor and ceiling slabs, exterior walls, structural columns and load parts (including interior bearing walls) and structural floors, building façade, utility lines serving the building sidewalks and curbs adjacent to the Premises and all pipes and conduit outside the Premises and used for the furnishing to the Premises of various utilities to the point of connection by Tenant thereto (except to the extent not that the responsibility same are the obligation of the appropriate public utility company), and the foundation of the Building); provided, however, that Landlord shall not be required to make repairs necessitated by reason of the neglect or failure of Tenant or anyone claiming under Tenant to perform or observe any conditions or agreements to be performed or observed by Tenant under this Lease, or caused by alterations, additions or improvements made by Tenant or anyone claiming under Tenant, unless covered by Section 8.01 or 8.03 above. The cost of maintenance and repairs to the extent such maintenance, repairs or repairs are caused by non-structural portions of the act, neglect, fault roof shall be deemed part of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay the Common Area Expenses and reimbursed to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to Section 15.02, but the costs of the other repairs under this Section 7.2 13.04 shall be borne by Landlord and shall not be deemed part of which Tenant becomes awarethe Common Area Expenses. Landlord shall not be in default liable for any failure to make any such repairsrepairs required hereunder, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Tenant previously has notified Landlord otherwise had notice or should have been aware) in writing of the need for such repairs. Except as otherwise provided herein, there shall be no abatement repairs within a reasonable period following the receipt of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance such notice.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord(a) Landlord shall be responsible, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace for, but only for, the structural portions integrity of the Building (including the roof, floor foundation and ceiling slabsexterior walls of the Building. In further limitation on Landlord's responsibilities hereunder, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (i) any repair to the extent not roof, foundation or exterior walls occasioned by the act of omission of Tenant or Tenant's Representatives shall be the responsibility of Tenant; (ii) the utility company)term "walls" as used in this Paragraph 8 shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors; and the foundation of the Building); provided, however, (iii) Landlord's liability with respect to the extent such maintenanceany defects, repairs or repairs are caused by maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such repairs or maintenance and repairsor the curing of such defect. Tenant shall promptly give Landlord written notice of any defects or need for repairs, after which Landlord shall have 30 days to commence to repair required or cure such defect. (b) Landlord shall perform the work which gives rise to Common Area Maintenance Expenses, subject to payment therefor by Landlord Tenant pursuant to this Section 7.2 the provisions of which Tenant becomes awareParagraph 6(b) above. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of If the need for any such repairs. Except as otherwise provided hereinwork shall come to the attention of Tenant, there shall be no abatement of rent and no liability of Tenant will promptly so notify Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticewriting.

Landlord’s Repairs. Anything contained (a) Except as otherwise provided in Section 7.1 above this Lease, Landlord agrees to keep in good order, condition and repair the contrary notwithstandingroof, public areas, exterior walls (including exterior glass and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions structure of the Building (including plumbing, HVAC and other mechanical systems for the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), and the foundation common areas of the Building, and electrical systems installed by Landlord, but excluding any systems installed specifically for Tenant's benefit); provided, howeverall insofar as they affect the Premises, except that Landlord shall in no event be responsible to Tenant for the condition of glass in the Premises or for the doors (or related glass and finish work) leading to the extent such maintenancePremises, repairs or repairs are for any condition in the Premises or the Building caused by the act, neglect, fault any act or neglect of or omission of any duty by Tenant, its agents, servantsemployees, employees invitees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes awarecontractors. Landlord shall not be responsible to make any improvements or repairs to the Building other than as expressly in default this Section 7.1 provided, unless expressly provided otherwise in this Lease. (b) Landlord shall never be liable for any failure to make any repairs which Landlord has undertaken to make under the provisions of this Section 7.1 or elsewhere in this Lease, unless Tenant has given notice to Landlord of the need to make such repairs, unless and Landlord has failed to commence to make such failure shall persist for 30 days repairs within a reasonable time after Tenant’s written notice receipt of such notice, or fails to proceed with reasonable diligence to complete such repairs. (orc) Any services which Landlord is required to furnish pursuant to the provisions of this Lease may, if earlierat Landlord's option be furnished from time to time, after in whole or in part, by employees of Landlord otherwise had notice or should have been aware) by the Manager of the need for such repairs. Except as otherwise provided herein, there shall be no abatement of rent and no liability of Landlord Property or by reason of any injury to one or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticemore third persons.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including and the roofbasic plumbing, floor heating, ventilating, air conditioning and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines electrical systems serving the building (to Building and not located in the extent not the responsibility of the utility company), and the foundation of the Building)Premises; provided, however, to the extent if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licenses or inviteesinvitees (and, to the extent that such damage is not covered by Landlord's insurance), Tenant shall pay to Landlord Landlord, as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable to Tenant for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (oror to perform any maintenance hereunder, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, and there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of a failure to make any repairs, alterations or improvements in or to any portion of the Project, Building Premises or the Premises Project or in or to fixtures, appurtenances and equipment therein; provided that , except to the extent caused by the gross negligence or willful misconduct of Landlord. Landlord does may, but shall not interrupt be required to, enter the Premises at all reasonable times to make any building services repairs, alterations, improvements or utilities additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and provides Tenant reasonable advance noticereleases its right to make repairs at Landlord's expense under any law, statute, or ordinance now or hereafter in effect.