Common use of Landlord’s Responsibility Clause in Contracts

Landlord’s Responsibility. A. During the Lease Term, Landlord shall, maintain in good condition and repair, and replace as necessary, the roof, exterior walls, foundation and structural frame of the Building and the parking and landscaped areas, the costs of which shall be included in Operating Expenses, except as otherwise set forth herein; provided, however, that, to the extent any of the foregoing items require repair because of the negligence, misuse, or default of Tenant, its employees, agents, customers or invitees, Landlord shall make such repairs solely at Tenant’s expense. In addition, Landlord shall; (i) keep the roof of the Building free of leaks and replace the same when reasonably necessary; (ii) maintain the underground and otherwise concealed plumbing and the exterior surface of the outside walls (meaning the exterior building materials and not the aesthetic portions thereof) of the Leased Premises and the Building, excluding window glass, plate glass and doors (unless damage to such glass or doors is caused by a structural shift); (iii) keep in good order, condition and repair the down spouts and gutters of the Leased Premises and the Building; (iv) maintain all fire protection systems not within and exclusively serving the Leased Premises; and (v) be responsible for prompt extermination of termites. The costs of the foregoing shall be included in Operating Expenses, except as otherwise expressly set forth herein. Notwithstanding any provision of this Lease to the contrary, (a) in the event of an emergency and after prior notice to Landlord, or (b) in the event Landlord fails to commence any maintenance or repair of the Leased Premises required under this Section 7.02A within a reasonable time after receipt of written notice from Tenant or fails to complete such maintenance and repair within thirty (30) days after such notice, or such longer period if such maintenance or repairs cannot be completed in thirty (30) days, then, in either of such events, Tenant shall have the right (but not the obligation) to perform Landlord’s maintenance and repair obligations under this Section 7.02A, and Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant within thirty (30) days after Tenant submits a written invoice therefor; together with interest at the Interest Rate. B. Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first-class office/warehouse projects of a similar size and nature in the Dallas/Ft. Worth, Texas market. For purposes of this Lease, “Common Areas” shall include all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, sidewalks, roadways, loading areas (unless indicated on the Site Plan to the contrary), service roads, lighting facilities (if used to illuminate the Common Areas), surface drainage facilities, traffic control signs and fences. Landlord shall not use or permit the use of all or any portion of the Common Areas for any purposes other than as intended herein, nor shall Landlord permit any type of reserved parking arrangement or grant parking easements to parties that are not tenants of the Building within the “Prohibited Area” as shown on Exhibit “A-3” attached hereto or within the Common Areas, without the prior written consent of Tenant, such consent not to be unreasonably withheld or delayed. Without limiting the generality of the foregoing, Landlord shall not grant any easement upon or across the Common Areas, whether or not reciprocal, for access or parking to any other person, entity or property which would materially and adversely affect Tenant’s access or use of the Leased Premises for the purposes herein.

Landlord’s Responsibility. A. During Except for (i) Tenant’s express maintenance, repair, and replacement obligations set forth in the Lease Termand in Section 4(a) above, Landlord shall(ii) the exterior doors to the Premises, maintain which shall be maintained, repaired and replaced by Landlord, (iii) the thermostat controls in good condition the Premises, the maintenance, repair and replacement of which shall be governed by Section 4(i) below, Landlord’s express maintenance, repair and replacement obligations shall remain as set forth in the Original Lease, and (iv) Landlord’s Dining and Fitness Center Obligations as set forth in Section 4(a) above. For purposes of clarifying only Landlord’s obligation to maintain, repair and replace any Building Systems pursuant to the Original Lease, (A) Landlord’s obligation to maintain, repair, and replace as necessarythe Building electrical panels, the roof, exterior walls, foundation transformers and structural frame of the switch gear/meter set located outside the Building and the parking and landscaped areas, the costs of which shall be included in Operating Expenses, except limited to those items more particularly described as otherwise set forth herein; the obligation of Landlord pursuant to Exhibit G attached to this Amendment (provided, however, that, that the foregoing shall not be deemed to modify Landlord’s obligation to maintain the delivery of electrical service from the street to the extent Building); and (B) Landlord shall have no obligation to perform any repairs to or maintenance or replacements of any appliances (including garbage disposals and “insta-hot” equipment) located in any kitchenettes or breakrooms within the foregoing items require repair because of Building. Notwithstanding anything to the negligence, misuse, or default of Tenant, its employees, agents, customers or inviteescontrary set forth in the Lease, Landlord shall make have no obligation to perform any maintenance, repair, or replacement of items that are Landlord’s responsibility pursuant to the Lease, this Section 4(b) or Section 4(i) below if the need for such repairs solely at Tenant’s expense. In additionmaintenance, Landlord shall; (i) keep the roof repair or replacement arises as a result of the Building free negligent acts or willful misconduct of leaks and replace the same when reasonably necessary; (ii) maintain the underground and otherwise concealed plumbing and the exterior surface of the outside walls (meaning the exterior building materials and not the aesthetic portions thereof) of the Leased Premises and the Building, excluding window glass, plate glass and doors (unless damage to such glass or doors is caused by a structural shift); (iii) keep in good order, condition and repair the down spouts and gutters of the Leased Premises and the Building; (iv) maintain all fire protection systems not within and exclusively serving the Leased Premises; and (v) be responsible for prompt extermination of termites. The costs of the foregoing shall be included in Operating Expenses, except as otherwise expressly set forth herein. Notwithstanding any provision of this Lease to the contrary, (a) in the event of an emergency and after prior notice to Landlord, or (b) in the event Landlord fails to commence any maintenance or repair of the Leased Premises required under this Section 7.02A within a reasonable time after receipt of written notice from Tenant or fails to complete such maintenance and repair within thirty (30) days after such notice, or such longer period if such maintenance or repairs cannot be completed in thirty (30) days, then, in either of such events, any Tenant shall have the right (but not the obligation) to perform Landlord’s maintenance and repair obligations under this Section 7.02A, and Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant within thirty (30) days after Tenant submits a written invoice therefor; together with interest at the Interest RateParties. B. Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first-class office/warehouse projects of a similar size and nature in the Dallas/Ft. Worth, Texas market. For purposes of this Lease, “Common Areas” shall include all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, sidewalks, roadways, loading areas (unless indicated on the Site Plan to the contrary), service roads, lighting facilities (if used to illuminate the Common Areas), surface drainage facilities, traffic control signs and fences. Landlord shall not use or permit the use of all or any portion of the Common Areas for any purposes other than as intended herein, nor shall Landlord permit any type of reserved parking arrangement or grant parking easements to parties that are not tenants of the Building within the “Prohibited Area” as shown on Exhibit “A-3” attached hereto or within the Common Areas, without the prior written consent of Tenant, such consent not to be unreasonably withheld or delayed. Without limiting the generality of the foregoing, Landlord shall not grant any easement upon or across the Common Areas, whether or not reciprocal, for access or parking to any other person, entity or property which would materially and adversely affect Tenant’s access or use of the Leased Premises for the purposes herein.

Landlord’s Responsibility. A. During Landlord shall (as an Operating Expense, except as provided in Section 7.2 below or subject to exclusion from Operating Expenses in accordance with Section 4.2.4 above) repair and maintain the Lease Term, Landlord shall, maintain in good condition and repair, and replace as necessary, the roof, exterior walls, foundation and structural frame portions of the Building and including the parking and landscaped areasfoundation, the costs of which shall be included in Operating Expensesfloor/ceiling slabs, except as otherwise set forth herein; providedroof, howevercurtain walls, that, to the extent any of the foregoing items require repair because of the negligence, misuse, or default of Tenant, its employees, agents, customers or invitees, Landlord shall make such repairs solely at Tenant’s expense. In addition, Landlord shall; (i) keep the roof of the Building free of leaks and replace the same when reasonably necessary; (ii) maintain the underground and otherwise concealed plumbing and the exterior surface of the outside walls (meaning the exterior building materials and not the aesthetic portions thereof) of the Leased Premises and the Building, excluding window glass, plate glass and doors moldings, columns, beams, shafts (unless damage to such glass or doors is caused by a structural shiftincluding elevator shafts); (iii) keep in good order, condition stairs, stairwells, elevator cabs and all Common Areas and shall also maintain and repair the down spouts basic mechanical, electrical, life-safety, plumbing and gutters sprinkler systems and HVAC systems (except for any distribution of such systems exclusively to the Leased Premises and the Building; for Tenant's twenty four (iv24) maintain all fire protection systems not within and exclusively serving the Leased Premises; and (v) be responsible for prompt extermination of termites. The costs of the foregoing shall be included in Operating Expenses, except as otherwise expressly set forth hereinhour systems). Notwithstanding any provision of set forth in this Lease Article 7 to the contrary, (a) in the event if Tenant provides written notice to Landlord of an emergency event or circumstance which requires the action of Landlord with respect to repair and/or maintenance of the Premises only (and after prior notice to Landlordnot any other portion of the Project), or (b) in the event and Landlord fails to commence any maintenance or repair of the Leased Premises required under this Section 7.02A provide such action within a reasonable time period of time, given the circumstances, after the receipt of written notice from Tenant or fails to complete such maintenance and repair within notice, but in no event earlier than thirty (30) days after Landlord's receipt of such notice, or then Tenant may proceed to take the required action upon delivery of an additional ten (10) business days notice to Landlord specifying that Tenant is taking such longer period required action, and if such maintenance action was required under the terms of this Lease to be taken by Landlord and was not taken by Landlord within such ten (10) day period, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant's actual, reasonable costs in taking such action. In the event Tenant takes such action, and such work will affect the systems of the Building or repairs cannot be completed in thirty (30) days, then, in either the structural integrity of such eventsthe Building, Tenant shall have use only those contractors used by Landlord in the right (but not Project for work on such Building systems or structure unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the obligation) to perform Landlord’s maintenance services of any other qualified contractor which normally and repair obligations under this Section 7.02A, and Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant within thirty (30) days after Tenant submits a written invoice therefor; together with interest at the Interest Rate. B. Landlord shall keep and maintain the Common Areas regularly performs similar work in good condition and repair in a manner consistent with first-class office/warehouse projects of a similar size and nature office buildings in the DallasDel Mar Heights/Ft. Worth, Texas market. For purposes of this Lease, “Common Areas” shall include all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, sidewalks, roadways, loading areas (unless indicated on the Site Plan to the contrary), service roads, lighting facilities (if used to illuminate the Common Areas), surface drainage facilities, traffic control signs and fences. Landlord shall not use or permit the use of all or any portion of the Common Areas for any purposes other than as intended herein, nor shall Landlord permit any type of reserved parking arrangement or grant parking easements to parties that are not tenants of the Building within the “Prohibited Area” as shown on Exhibit “A-3” attached hereto or within the Common Areas, without the prior written consent of Tenant, such consent not to be unreasonably withheld or delayed. Without limiting the generality of the foregoing, Landlord shall not grant any easement upon or across the Common Areas, whether or not reciprocal, for access or parking to any other person, entity or property which would materially and adversely affect Tenant’s access or use of the Leased Premises for the purposes hereinUTC area.

Landlord’s Responsibility. A. During the Lease TermExcept as provided in Article V hereof, Landlord shallagrees to pay all real estate taxes and assessments levied against the Premises and to furnish the following services and utilities related to Tenant's use and occupancy of the Demised Premises: 1. Original installation (and not replacement) of lamps, maintain in good condition and repairbulbs, ballasts, and replace starters in electrical light fixtures. 2. Upkeep of grounds and other common area, and removal of snow and ice from parking areas and sidewalks. 3. Janitorial services in accordance with Landlord's instruction sheet, a copy of which is attached hereto and made a part hereof and marked EXHIBIT "B". 4. Electric current for lights and ordinary business machines and air conditioning as necessary, the roof, exterior walls, foundation and structural frame detailed in Article III of the Building and Lease. 5. Gas for the parking and landscaped areas, the costs of which shall be included in Operating Expenses, except as otherwise set forth herein; provided, however, that, to the extent any heating of the foregoing items require repair because Demised Premises as detailed in Article III of the negligence, misuse, or default of Tenant, its employees, agents, customers or invitees, Landlord shall make such repairs solely at Tenant’s expenseLease. 6. In addition, Landlord shall; (i) keep Water and sewer for plumbing in the roof of the Building free of leaks and replace the same when reasonably necessary; (ii) maintain the underground and otherwise concealed plumbing and the exterior surface of the outside walls (meaning the exterior building materials and not the aesthetic portions thereof) of the Leased Demised Premises and the Building, excluding window glass, plate glass and doors (unless damage to such glass or doors is caused by a structural shift); (iii) keep in good order, condition and repair the down spouts and gutters common areas of the Leased Premises Building. Landlord does not warrant that any services supplied by Landlord will not be interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements or any reason beyond the reasonable control of Landlord. IN THE EVENT OF AN INTERRUPTION OF SERVICES, LANDLORD WILL USE ITS BEST EFFORTS TO RESTORE SAID SERVICES AS QUICKLY AS POSSIBLE. UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, OR AGENTS, no interruption of service shall: a. Be considered an eviction or disturbance of Tenant's use and the Building; (iv) maintain all fire protection systems not within and exclusively serving the Leased Premises; and (v) be responsible for prompt extermination of termites. The costs possession of the foregoing shall be included in Operating Expenses, except as otherwise expressly set forth herein. Notwithstanding any provision Demised Premises; b. Make Landlord liable to Tenant for damages; c. Entitle Tenant to an abatement of this Lease to the contrary, (a) in the event of an emergency and after prior notice to Landlord, or (b) in the event Landlord fails to commence any maintenance or repair of the Leased Premises required under this Section 7.02A within a reasonable time after receipt of written notice rent; or d. Relieve Tenant from Tenant or fails to complete such maintenance and repair within thirty (30) days after such notice, or such longer period if such maintenance or repairs cannot be completed in thirty (30) days, then, in either of such events, Tenant shall have the right (but not the obligation) to perform Landlord’s maintenance and repair performing Tenant's obligations under this Section 7.02A, and Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant within thirty (30) days after Tenant submits a written invoice therefor; together with interest at the Interest RateLease. B. Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first-class office/warehouse projects of a similar size and nature in the Dallas/Ft. Worth, Texas market. For purposes of this Lease, “Common Areas” shall include all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, sidewalks, roadways, loading areas (unless indicated on the Site Plan to the contrary), service roads, lighting facilities (if used to illuminate the Common Areas), surface drainage facilities, traffic control signs and fences. Landlord shall not use or permit the use of all or any portion of the Common Areas for any purposes other than as intended herein, nor shall Landlord permit any type of reserved parking arrangement or grant parking easements to parties that are not tenants of the Building within the “Prohibited Area” as shown on Exhibit “A-3” attached hereto or within the Common Areas, without the prior written consent of Tenant, such consent not to be unreasonably withheld or delayed. Without limiting the generality of the foregoing, Landlord shall not grant any easement upon or across the Common Areas, whether or not reciprocal, for access or parking to any other person, entity or property which would materially and adversely affect Tenant’s access or use of the Leased Premises for the purposes herein.

Landlord’s Responsibility. A. During the Lease Term, Landlord shall, maintain in good condition and repair, and replace as necessary, the roof, exterior walls, foundation and structural frame shall not be liable for failure to furnish any of the Building utilities described in Paragraph 17 and Tenant shall have no right to abatement of rental hereunder or to termination of this Lease with respect to any such interruption nor shall such failure constitute an eviction, nor shall Landlord be liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the parking and landscaped areas, furnishing of any of the costs of which shall be included in Operating Expenses, except as otherwise set forth herein; providedservices enumerated above. Provided, however, thatLandlord shall use commercially reasonable efforts to avoid and remedy any material interference with Tenant’s operations due to any failure, variation or interruption of any utilities services and, to the extent practicable, Landlord will conduct any of necessary restoration work within the Premises outside Tenant’s normal business hours. Notwithstanding the foregoing items require repair because of the negligence, misuse, or default of Tenant, its employees, agents, customers or invitees, Landlord shall make such repairs solely at Tenant’s expense. In addition, Landlord shall; (i) keep the roof of the Building free of leaks and replace the same when reasonably necessary; (ii) maintain the underground and otherwise concealed plumbing and the exterior surface of the outside walls (meaning the exterior building materials and not the aesthetic portions thereof) of the Leased Premises and the Building, excluding window glass, plate glass and doors (unless damage to such glass or doors is caused by a structural shift); (iii) keep in good order, condition and repair the down spouts and gutters of the Leased Premises and the Building; (iv) maintain all fire protection systems not within and exclusively serving the Leased Premises; and (v) be responsible for prompt extermination of termites. The costs of the foregoing shall be included in Operating Expenses, except as otherwise expressly set forth herein. Notwithstanding any provision of this Lease to the contrary, in the event (a) in the event need for any such repairs or alterations is due to the gross negligence or willful misconduct of an emergency and after prior notice to Landlord, its agents, employees or contractors or Landlord is not using its commercially reasonable efforts to diligently pursue the cure of such interruption and (b) during the course of such interruption Tenant is prevented from operating the Premises for the Permitted Use (and in the event Landlord fails to commence any maintenance fact Tenant for such reason reasonably ceases operations or repair use in all of the Leased Premises required under this Section 7.02A within Premises) for a reasonable time after receipt period in excess of written notice from Tenant or fails to complete such maintenance and repair within thirty two (30) days after such notice, or such longer period if such maintenance or repairs cannot be completed in thirty (302) days, then, provided the utility at issue is limited to electricity, water and sewer interruption, and provided written notice is promptly given to Landlord (in either any case within three (3) days of such eventsevent), Tenant all Rent shall have the right (but not the obligation) to perform Landlord’s maintenance and repair obligations under this Section 7.02A, and Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant within thirty (30) days after Tenant submits a written invoice therefor; together with interest at the Interest Rate. B. Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first-class office/warehouse projects of a similar size and nature in the Dallas/Ft. Worth, Texas market. For purposes of this Lease, “Common Areas” shall include all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, sidewalks, roadways, loading areas (unless indicated xxxxx commencing on the Site Plan third (3rd) such day and continuing until Tenant is again able to operate the contrary), service roads, lighting facilities (if used to illuminate the Common Areas), surface drainage facilities, traffic control signs and fences. Landlord shall not use or permit the use of all or any portion of the Common Areas for any purposes other than as intended herein, nor shall Landlord permit any type of reserved parking arrangement or grant parking easements to parties that are not tenants of the Building within the “Prohibited Area” as shown on Exhibit “A-3” attached hereto or within the Common Areas, without the prior written consent of Tenant, such consent not to be unreasonably withheld or delayed. Without limiting the generality of the foregoing, Landlord shall not grant any easement upon or across the Common Areas, whether or not reciprocal, for access or parking to any other person, entity or property which would materially and adversely affect Tenant’s access or use of the Leased Premises for the purposes hereinPermitted Use due to restoration of such interrupted utility service; provided further, utility interruptions arising from events exterior to the Property (such as a community or area-wide power outage) shall not under any circumstances give rise to Tenant remedies such as abatement of rent.