Landlord’s Responsibilities. Landlord shall maintain and keep in good order and repair the roof, guttering and downspouts and the structural walls and foundations (neither windows nor doors are regarded as walls for the purpose of this paragraph), of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Atrium Corp), Lease Agreement (Atrium Corp)
Landlord’s Responsibilities. Landlord shall agrees to keep and maintain and keep or cause to be kept or maintained in good order repair (and repair in no event less than the standard of maintenance, if any, required by the Master Declaration), at Landlord’s initial expense but subject to reimbursement as a component of Expenses in accordance with Article 5, the roof, guttering foundation, plumbing, electrical and downspouts sewage systems and structural components of the exterior of the Building and the structural Parking Deck and the interior load bearing walls of the Building and foundations (neither windows nor doors are regarded the Parking Deck only to the extent that such systems or components were not constructed or installed by or at the behest of Tenant, as walls well as the Property’s common areas, and Landlord shall make or cause to be made all such necessary repairs within a reasonable time after receipt of written notice from Tenant of the need for such repairs. Landlord shall further maintain or cause to be maintained the purpose grounds, sidewalks, landscaping and paved surfaces of this paragraph)the Property, keeping them reasonably free from snow and ice and in good repair and appearance and in compliance with all applicable laws and with the standard of maintenance, if any, required by the Master Declaration. Landlord reserves the right, at Tenant’s expense, to make all repairs to the Premises, except that fixtures and appurtenances necessitated by the fault, negligence or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, or in order to conform to all laws, orders and regulations of the federal, state and county authorities or any of their departments having jurisdiction over the Premises, the Building or the Parking Deck. If any repairs or maintenance under this Section 10.02 are necessitated because of the negligence or willful act or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, Tenant shall reimburse Landlord for the cost costs of any repair occasioned by the act such repair, replacement or negligence maintenance within ten (10) business days of Tenant, its agents, employees, invitees or licenseespresentation of an invoice therefor. Landlord shall not be required under no obligation to make any other improvements or repairs of any kind upon inspect the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost interior of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.
Appears in 1 contract
Samples: Office Lease (Ncino, Inc.)
Landlord’s Responsibilities. (a) Landlord warrants to Tenant that the plumbing, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and electrical systems serving the Premises shall be in good operating condition, and that the roof shall be “water tight”, on the Commencement Date of this Lease. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty not later than thirty (30) days following the Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of such non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost.
(b) Landlord shall maintain correct, repair and/or replace, at its sole cost and keep in good order expense and repair not as a Project Cost, the structural components of the roof, guttering and downspouts the load-bearing walls and the structural walls foundations and foundations (neither windows nor doors are regarded as walls for the purpose of this paragraph), footings of the PremisesBuilding. Notwithstanding the foregoing, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord Landlord’s obligation contained in this Section to bear such costs and expenses shall not be required apply: (i) to make any other improvements or repairs the costs and expenses of any kind upon periodic maintenance of the Premises roof, walls, foundations and appurtenances thereto. Landlord's sole liability shall be limited footings of the Building, (ii) to the cost of replacing the repair. Landlord shall not be liable roof membrane and accompanying roof materials as and when such replacement is required, nor (iii) to Tenant for any interruption the extent of the negligence or willful misconduct by Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublesseesits employees, customersagents, invitees, employeescontractors, licensees or concessionaires invitees (in which case Tenant shall be responsible for the Premises on account reasonable costs of Landlord's performance such repairs and/or replacements). The repairs or replacements required of any repair, maintenance or replacement in the Premises, or any other work therein Landlord pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible Section shall be made within a reasonable time after written promptly following notice of the necessity of such repairs has been given by from Tenant.
Appears in 1 contract
Samples: Lease (Boot Barn Holdings, Inc.)
Landlord’s Responsibilities. Landlord Subject to the provisions of Paragraph 15 below, Landlord's sole obligation shall be to maintain and keep in reasonably good order and repair repair, and at Landlord's cost and expense: (a) the roofbuilding foundation, guttering and downspouts and (b) the structural portion of the exterior walls and foundations (neither windows nor doors are regarded c) the structural portion of the roof at its cost and expense and (d) as walls for Operating Expense, the purpose of this paragraph), exterior landscaping and parking areas of the Premises. In addition, except that Landlord may elect, at any time, at its option, to maintain the heating and air conditioning systems of the Premises. Tenant shall reimburse give prompt written notice to Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be known maintenance work required to make any other improvements be made by Landlord pursuant to this Paragraph 10.
1. The costs of repairs and maintenance which are the obligation of Landlord hereunder or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability which Landlord elects to perform hereunder shall be limited an Operating Expense and Tenant shall pay such costs to Landlord as Additional Rent, as provided in Paragraph 12 below. To the cost extent any labor dispute in which Tenant is involved or of which Tenant is the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in object interferes with the Premises on account performance of Landlord's duties hereunder, Landlord shall be excused from the performance of such duties and Tenant hereby waives any repair, maintenance and all claims against Landlord for damages or replacement losses in the Premises, or any other work therein pursuant regard to Landlord's rights or obligations under this lease so long as such work is being conducted by duties. In no event will Landlord in accordance with the terms of be obligated to expend more than $25,000 cumulative over the Lease Term and without negligence or disregard all Extensions for Tenant's business operations. There repairs and maintenance; any excess shall be no abatement the sole obligation 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 Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.
Appears in 1 contract
Samples: Net Lease Agreement (Silicon Storage Technology Inc)
Landlord’s Responsibilities. Landlord shall maintain and keep in good order order, condition, and state of repair all exterior and structural portions (including, but not limited to, the roof, guttering exterior walls, interior load bearing walls, floors (but not floor coverings) and downspouts foundation) and all mechanical systems (plumbing, heating and ventilation, air conditioning and electrical to the point of entry in the Leased Premises) at the Property , and all parking areas, drives, sidewalks and landscaping; provided, however, that if such necessary exterior or structural walls and foundations (neither windows nor doors repairs are regarded as walls for required due to the purpose of this paragraph), of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act negligent acts or negligence omissions of Tenant, its agents, employeesemployees or contractors, invitees or licenseesthen Tenant shall be responsible for the costs of such repairs. Landlord will be responsible for snow removal. Landlord shall maintain and replace all sewerage facilities and other utility facilities outside the Leased Premises servicing the Leased Premises. Landlord shall cause all repairs and changes to be made without unreasonable interference with the business of Tenant or any subtenant or licensee of Tenant. Tenant shall reimburse Landlord for its pro rata share of such reasonable sums (the “Operating Expenses”) which Landlord expends (and which are not be required to make any reimbursed by Landlord’s insurer or other improvements or third party) in effecting its repairs and maintenance and/or operation and/or insuring of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to Property hereunder; provided, however, the cost of the repair. Landlord shall any item which, by standard accounting practice, should be capitalized, will not be liable included in Operating Expenses (except only to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance extent of any repaircost savings in Operating Expenses) and provided further that, maintenance or replacement in for the Premisespurpose of calculating Tenant’s pro rate share of Operating Expenses hereunder, or there shall also be excluded from Operating Expenses: (i) any other work therein pursuant expense related to Landlord's rights or obligations under this lease so long as such work is being conducted debt service with respect to the acquisition, construction and/or expansion of the Property and any payments made by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 respect to any portion of the Premises ground or in or to fixtures, appurtenances and equipment therein. Any and all repairs underlying lease; (ii) any expenses for which Landlord is responsible entitled to be reimbursed by any tenant other than under a rental adjustment and/or additional rent provision; (iii) the cost of any repairs or other work to the extent to which same is actually covered by and/or Landlord is reimbursed by any policy of insurance and/or any award in connection with a taking by eminent domain; (iv) legal fees or other expenses incurred in connection with negotiations or disputes with tenants or prospective tenants of the Property; (v) costs of renovating or otherwise improving or decorating space in the Property for tenants (including the Leased Premises) or other occupants or vacant space; (vi) costs related to maintaining the existence of Landlord’s business entity as a corporation, partnership or other entity; (vii) the wages and salaries (including employee benefits) of any employees above the level of Property manager; (viii) salary, fringe benefits and other compensation for Landlord’s corporate headquarters office personnel not engaged in activities related to the operation and management of the Property; (ix) repairs or replacements resulting from deficient workmanship, or materials or items provided Tenant shall have previously paid for same (so that Tenant has not paid for both the work and the correction of defective work); (x) rental concessions or lease buy-outs; (xi) management fees in excess of 4%; (xii) personal property taxes (other than any of same imposed upon any personal property used in the operation and maintenance of the Property; (xiii) costs for which Landlord is solely obligated under any other express provision of this Lease, (xiv) costs incurred to bring the common areas, or any portion thereof, into compliance with laws existing as of the Commencement Date to the express extent that same shall become in violation of such laws as directly a result of the renovation or improvement of the Property by Landlord subsequent to the Commencement Date and laws enacted after the Commencement Date; (xv) costs attributable to improvements or work which are part of Landlord’s plans as a result of its purchase of the Property; (xvi) leasing costs of any type, including attorneys’ fees, be it procuring tenants or releasing as well as retaining existing tenants and costs of enforcement of Landlord’s rights under leases in the Property; (xvii) costs incurred due to Landlord violations of any of the terms and conditions of any leases in the Property and fines incurred with respect to Landlord’s failure to observe any legal requirements with respect to conditions or violations occurring after the date of Landlord’s obtaining title to the Property; (xvii) overhead and profit paid to subsidiaries or affiliates of the Landlord for management or other services or materials to the extent that the costs of those items would not have been paid had the services and materials been provided by unaffiliated parties on a competitive basis; (xviii) any costs incurred in the addition of other improvements, offices or stores, and/or expansion of the Property; (xix) auditors’ fees (except for auditory fees incurred in connection with the preparation of statements of Operating Expenses for the Property); (xx) advertising and promotional expenditures (except for costs for “help wanted” advertising and the like incurred in connection with the operation and maintenance of the Property); (xxi) any costs, fines or penalties incurred due to violations by Landlord of any governmental rule or authority and the defense of same; (xxii) expenses for vacant or vacated space, including utility costs, securing and renovating; (xxv) costs attributable to defective or deficient work performed by Landlord; (xxiii) any inheritance, estate, succession, transfer, gift, franchise, corporation, net income or profit tax assessed against Landlord; (xxiv) the costs of maintaining any facilities not physically located within the Property; (xxv) any expenses incurred in connection with any portions of the Building and Property from which Tenant does not derive any benefit (including, without limitation, any enclosed mall retail shopping area constructed within the Building or elsewhere upon the Property) and (xxvi) any other cost which would be duplicative of items otherwise payable by Tenant under any other express provision of this Lease. As of the date hereof, Tenant’s pro rata share of Operating Expenses is (____%), which share has been calculated by dividing the _______ square feet of floor area comprising the Leased Premises (such Premises measurement to be confirmed and adjusted, as applicable, with the method of such measurement being the measurement from the middle of the outside perimeter wall to the middle of the outside perimeter wall) by the 000,000 xxxxxx xxxx xx xxxxx xxxx of the Building (such Building measurement to be confirmed and adjusted, as applicable, and such measurement to exclude the blue building that was formerly the retail store, the Quonset hut, and the fire pump and gas house, provided, however, such excluded spaces will be added to the total square footage of the Building if leased by Landlord, and, provided, further, any newly constructed space will be added to the total square footage of the Building). Tenant’s pro rata share of Operating Expenses shall be made within a reasonable time after written notice paid by Tenant in equal monthly installments in advance along with the payments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total Operating Expenses due for the current calendar year. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the final statement for the Operating Expenses for the previous calendar year, Landlord will notify Tenant of the necessity amount of such repairs has been Operating Expenses on which Tenant’s pro rata share is based, and the amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given by year or partial year are greater than Tenant’s share of the Operating Expenses payable for a given year or partial year, Tenant shall receive a credit from Landlord for the excess against installments of Tenant’s pro rata share next becoming due to Landlord (and in the event of a credit to the Tenant upon or after termination of the Lease, Tenant shall receive the credit in the form of a refund check payable to the Tenant), and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the difference.
Appears in 1 contract
Samples: Agreement of Sale (Lenox Group Inc)
Landlord’s Responsibilities. Landlord shall maintain Tenant hereby waives the provisions of California Civil Code Section 1932(1), 1941 and keep in good order and repair 1942 or any other applicable existing or future Legal Requirement permitting the roof, guttering and downspouts and the structural walls and foundations (neither windows nor doors are regarded as walls for the purpose termination of this paragraph)Lease due to such interruption, of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act failure or negligence of Tenant, its agents, employees, invitees or licenseesinability. Landlord shall not be required to make any other improvements in default under this Lease or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated (except as otherwise expressly provided herein below) or a constructive or other eviction be deemed to Tenant for have occurred by reason of, any interruption of or failure to supply or delay in supplying any such utilities and services or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of energy or other service serving the Premises, whether such results from mandatory restrictions or voluntary compliance with guidelines; provided, however, that Landlord shall, however, use reasonable and diligent efforts to restore or to cause the restoration of the interrupted utility service, if and to the extent that the interruption or failure is caused by or the result of, directly or indirectly, the negligence or willful misconduct of Landlord or Landlord’s agents, employees, officers or contractors. Notwithstanding anything contained herein to the contrary, if any interruption in, or failure or inability to provide any utilities to the Premises is caused by or the result of, directly or indirectly, the negligence or willful misconduct of Landlord or Landlord’s agents, employees, officers or contractors and continues for three (3) or more consecutive days after Xxxxxx’s written notice thereof to Landlord and Landlord fails to restore or commence repairs or work to restore such interruption or failure, then Tenant shall be entitled to an abatement of Base Rent, which abatement shall be based on the extent of Tenant's business ’s inability to reasonably use the Premises for Tenant’s business. The abatement provisions set forth above shall be inapplicable to any interruption in, or inconvenience failure or inability to provide any utilities that is caused by (x) damage by fire or other casualty or a taking (it being acknowledged that such situations shall be governed by Articles 11 and 12, respectively), (y) the negligence or willful misconduct of Tenant or Tenant's assigns, sublessees, customers, invitees’s agents, employees, licensees officers or concessionaires in contractors, or (z) by any act other than the acts of Landlord, it being acknowledged and agreed to by Tenant that Xxxxxx is responsible for causing all utilities to be furnished to the Premises on account of Landlord's performance of any repair, maintenance or replacement in throughout the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by TenantTerm.
Appears in 1 contract
Landlord’s Responsibilities. Landlord shall maintain In addition to the Services described in Paragraph 8.1 above and keep subject to the provisions of Paraxxxxx 00, Xxxxxxxx xxxll maintain, in a reasonably good order and repair state of repair: the roof, guttering roofing, structural and downspouts and the structural exterior walls (including painting thereof) and foundations (neither windows nor doors are regarded as walls for of the purpose of this paragraph)Building; the mechanical, of HVAC System, plumbing and electrical equipment serving the Premises, except that Building and Common Area; and the Common Area, including lobbies, stairs, and corridors. The costs of repairs and maintenance which are the obligation of Landlord hereunder shall be deemed Direct Costs; provided, however, any repairs required because of the wrongful act of Tenant or Tenant's agents shall be made at the sole expense of Tenant and paid as Additional Rent. Tenant shall reimburse give prompt written notice to Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be known maintenance work required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited made by Landlord pursuant to the cost of the repairthis Paragraph 9.
1. Landlord shall not be liable to Tenant for any interruption failure to make any such repairs or to perform any maintenance for which Landlord is responsible unless such failure shall persist for an unreasonable time after written notice of Tenant's business the need for such repairs or inconvenience caused maintenance is given to Landlord by Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of and such failure is due solely to causes within Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by reasonable control. Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. There shall not be no abatement of rent and no liability of Landlord liable by reason of any injury to or interference with Tenant's business conducted at the Premises arising from the making of any repairs, alterations or improvements in or to any portion of the Building, Common Area or Premises or in or to the fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant./s/ INITIALS
Appears in 1 contract
Samples: Lease (Nhancement Technologies Inc)
Landlord’s Responsibilities. Subject to the provisions of Paragraph 15 below, Landlord shall maintain and keep in reasonably good order and repair the roofstructural roof and roof surface, guttering structural and downspouts exterior walls (including painting thereof) and foundations of the Premises, and the structural walls exterior landscaping and foundations (neither windows nor doors are regarded as walls for the purpose of this paragraph), parking areas of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be repairs required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost because of the repair. Landlord shall not be liable to Tenant for any interruption wrongful act of Tenant's business or inconvenience caused Tenant or Tenant's assignsagents, sublesseeswhich repairs shall be made at the expense of Tenant and as Additional Rent. In addition, customersLandlord may elect at any time, inviteesat its option, employeesto maintain the heating and air conditioning systems of the Premises. Tenant shall give prompt written notice to Landlord of any known maintenance work required to be made by Landlord pursuant to this Paragraph 10.
1. The costs of repairs and maintenance which are the obligation of Landlord hereunder or which Landlord elects to perform hereunder shall be an Operating Expense and Tenant shall pay such costs to Landlord as Additional Rent, licensees as provided in Paragraph 12 below. To the extent any labor dispute in which Tenant is involved or concessionaires in of which Tenant is the Premises on account object interferes with the performance of Landlord's duties hereunder, Landlord shall be excused from the performance of such duties and Tenant hereby waives any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs claims against Landlord for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of damages or losses in regard to such repairs has been given by Tenantduties.
Appears in 1 contract
Landlord’s Responsibilities. Landlord shall maintain (a) Sublessee recognizes that Sublessor is not in a position to furnish the services set forth in the Prime Lease, obtain an agreement of nondisturbance, or to perform certain other obligations which are not within the control of Sublessor, such as, without limitation, maintenance, repairs and keep in good order replacements to the Building and repair the roofSubleased Premises, guttering compliance with laws, and downspouts and the structural walls and foundations (neither windows nor doors are regarded as walls for the purpose of this paragraph), restoration of the Subleased Premises and Building after casualty or condemnation.
(b) Sublessor hereby grants to Sublessee the right to receive all of the services and benefits with respect to the Subleased Premises which are to be provided by Landlord under the Prime Lease, including, without limitation, maintenance, repairs and replacements to the Building and Subleased Premises, except that Tenant compliance with laws, and restoration of the Subleased Premises and Building after casualty or condemnation. Sublessor shall reimburse have no duty to perform any obligations of Landlord for which are, by their nature, the cost obligation of any repair occasioned by the act an owner or negligence manager of Tenantreal property. For example, its agents, employees, invitees or licensees. Landlord Sublessor shall not be required to make any other improvements provide the services or repairs of any kind upon which the Premises and appurtenances theretoLandlord is required to provide under the Prime Lease. Landlord's sole liability Sublessor shall be limited to the cost of the repair. Landlord shall not have no responsibility for or be liable to Tenant Sublessee for any interruption default, failure or delay on the part of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires Landlord in the Premises on account performance or observance by Landlord of Landlord's any of its obligations under the Prime Lease, nor shall such default by Landlord affect this Sublease or waive or defer the performance of any repairof Sublessee's obligations hereunder except to the extent that such default by Landlord excuses, maintenance affects, waives or replacement defers performance by Sublessor, under the Prime Lease. Notwithstanding the foregoing, although the parties contemplate that Landlord will, in fact, perform its obligations under the Prime Lease, but, in the event of any default or failure of such performance by Landlord, Sublessor will, upon the specific written request of Sublessee, make demand upon Landlord to perform its obligations under the Prime Lease and, provided that Sublessee specifically agrees to pay all costs and expenses, including, without limitation, reasonable attorneys' fees (collectively, "Costs"), of Sublessor (and, in the event the then Sublessee hereunder is other than the named Sublessee (or its Affiliate), provide Sublessor with security, reasonably requested and reasonably satisfactory to Sublessor, to pay such Costs), Sublessor will take appropriate legal action to enforce the Prime Lease (an "Enforcement Action"). Notwithstanding the foregoing, if Sublessor institutes an Enforcement Action to compel Landlord to perform its Prime Lease obligations with respect not only to the Subleased Premises but also with respect to the Sublessor's Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as the Costs of such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. There Enforcement Action 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 repairsequitably apportioned so that, alterations or improvements in or to any portion of the Premises or in or to fixturesinsofar as can be practically determined, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible each party shall be made within a reasonable time after written notice of the necessity bear its allocable share of such repairs has been given by TenantCosts.
Appears in 1 contract
Samples: Sublease (PWCC LTD)
Landlord’s Responsibilities. Landlord shall agrees to keep and maintain and keep or cause to be kept or maintained in good order repair (and repair in no event less than the standard of maintenance, if any, required by the Master Declaration), at Landlord’s initial expense but subject to reimbursement as a component of Expenses in accordance with Article 5, the roof, guttering foundation, plumbing, electrical and downspouts sewage systems and structural components of the exterior of the Building and the structural interior load bearing walls of the Building only to the extent that such systems or components were not constructed or installed by or at the behest of Tenant, as well as the Property’s common areas, and foundations (neither windows nor doors are regarded as walls Landlord shall make or cause to be made all such necessary repairs within a reasonable time after receipt of written notice from Tenant of the need for such repairs. Landlord shall further maintain or cause to be maintained the purpose grounds, sidewalks, landscaping and paved surfaces of this paragraph)the Property, keeping them reasonably free from snow and ice and in good repair and appearance and in compliance with all applicable laws and with the standard of maintenance, if any, required by the Master Declaration. Landlord reserves the right, at Tenant’s expense, to make all repairs to the Premises, except that fixtures and appurtenances necessitated by the fault, negligence or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, or in order to conform to all laws, orders and regulations of the federal, state and county authorities or any of their departments having jurisdiction over the Premises or the Building. If any repairs or maintenance under this Section 10.02 are necessitated because of the negligence or willful act or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, Tenant shall reimburse Landlord for the cost costs of any repair occasioned by the act such repair, replacement or negligence maintenance within ten (10) business days of Tenant, its agents, employees, invitees or licenseespresentation of an invoice therefor. Landlord shall not be required under no obligation to make any other improvements or repairs of any kind upon inspect the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost interior of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.
Appears in 1 contract
Samples: Office Lease (Ncino, Inc.)