Common use of Landlord's Twelve Month Warranty Clause in Contracts

Landlord's Twelve Month Warranty. Upon the Lease Commencement Date, the “Base Building,” as that term is defined in Section 7.2, below, shall be in good working condition and repair, and Landlord hereby covenants that the Base Building shall remain in good working condition for the period (the “Warranty Period”) commencing on the Lease Commencement Date and continuing until the first (1st) anniversary of the Lease Commencement Date. Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.4 below), repair or replace any failed or inoperable portion of such Base Building during such Warranty Period (“Landlord’s Twelve Month Warranty”), provided that the need to repair or replace was not caused by (A) the misuse, misconduct, damage, destruction, omissions, and/or negligence of [Decipher Biosciences, Inc.] Tenant, its subtenants and/or assignees, if any (collectively, “Tenant Damage”), or (B) any modifications, Alterations or other improvements constructed by or on behalf of Tenant, other than the Tenant Improvements (collectively, “Tenant Modification”). Landlord’s Twelve Month Warranty shall neither (i) be deemed to require Landlord to replace any portion of any Base Building, as opposed to repair such portion of such Base Building, unless prudent commercial property management practices dictate replacement rather than repair of the item in question, nor (ii) extend to the costs of normal and customary preventive maintenance relating to the Base Building. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.4 are necessitated by Tenant Damage or Tenant Modification, then Tenant shall reimburse Landlord for the cost of such repair (provided that if such repairs are necessitated in part by Tenant Damage or Tenant Modification, then Tenant shall reimburse Landlord for an equitable portion of the cost of such repair). If it is determined that the Base Building is not then in good working condition and repair prior to the first (1st) anniversary of the Lease Commencement Date, then Landlord shall not be liable to Tenant for any damages, but, as Tenant’s sole remedy, Landlord, at no cost to Tenant (subject to any repair or replacement necessitated by Tenant Damage or Tenant Modification), shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repair, and shall thereafter diligently pursue the same to completion. Landlord and Tenant hereto acknowledge and agree that the terms of this Section 1.1.4 does not affect Landlord’s obligations to repair and maintain the Base Building pursuant to the express terms and conditions of Section 7 of this Lease.

Landlord's Twelve Month Warranty. Upon the Lease Commencement “Final Condition Date” (as defined in the Tenant Work Letter) with respect to the Initial Premises and the Must-Take Premises, as applicable, the “Base Building,” as that term is defined in Section 7.2, below, Building shall be in good working order, condition and repair, and shall be water tight to the extent necessary to prevent water from leaking into the interior of the Buildings (collectively, "Good Working Order") and Landlord hereby covenants that the Base Building shall remain in good working condition Good Working Order for the period (the “"Warranty Period”") (i) with respect to the Initial Premises, commencing on the Lease Commencement Date and continuing until the first (1st) anniversary of the Lease Commencement Date, and (ii) with respect to the Must-Take Premises, commencing on the Must-Take Commencement Date and continuing until the first (1st) anniversary of the Must-Take Commencement Date. Landlord shall, at Landlord’s 's sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.4 below), repair or replace any failed or inoperable portion of such Base Building which is not in Good Working Order during such Warranty Period (“"Landlord’s Twelve Month Warranty”"), provided that the need to repair or replace was not caused by (A) the misuse, misconduct, damage, destruction, omissions, and/or negligence of [Decipher Biosciences, Inc.] Tenant, its subtenants and/or assignees, if any (collectively, “"Tenant Damage”"), or (B) any modifications, Alterations or other improvements (including the Tenant Improvements) constructed by or on behalf of Tenant, other than the Tenant Improvements (collectively, “"Tenant Modification”"), either prior to or after the Lease Commencement Date or the Must-Take Commencement Date, as applicable. The Landlord’s Twelve Month Warranty includes the “Base Building Improvements,” as that term is defined in the Work Letter. Landlord’s 's Twelve Month Warranty shall neither (i) be deemed to require Landlord to replace any portion of any Base Building, as opposed to repair such portion of such Base Building, unless prudent commercial property management practices dictate replacement rather than repair of the item in question, nor (ii) extend to the costs of normal and customary preventive maintenance relating to the Base BuildingBuilding (the responsibility and cost for which will be handled in accordance with other provisions of this Lease). To the extent repairs which Landlord is required to make pursuant to this Section 1.1.4 1.1.5 are necessitated by Tenant Damage or Tenant Modification, then Tenant shall reimburse Landlord for the cost of such repair (provided that if such repairs are necessitated in part by Tenant Damage or Tenant Modification, then Tenant shall reimburse Landlord for an equitable portion of the cost of such repair, but in all events such repair and reimbursement obligation shall be subject to Section 10.5 below). If it is determined that the Base Building is not then in good working condition and repair Good Working Order prior to the first (1st) anniversary of the Lease Commencement Date or the first (1st) anniversary of the Must-Take Commencement Date, as applicable, then Landlord shall not be liable to Tenant for any damages, but, as Tenant’s sole remedy, but Landlord, at no cost to Tenant (subject to any repair or replacement necessitated by Tenant Damage or Tenant Modification), shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repairGood Working Order, and shall thereafter diligently and continuously pursue the same to completion. In the event that Landlord, prior to thirty (30) days after receipt of written notice from Tenant, fails to undertake and diligently pursue any repairs or replacements required by this Section 1.1.5, then the terms of Section 7.3, below, shall be applicable. Landlord and Tenant hereto acknowledge and agree that the terms of this Section 1.1.4 does 1.1.5 do not affect Landlord’s obligations to repair and maintain the Base Building pursuant to the express terms and conditions of maintenance obligations under Section 7 of this Lease.

Landlord's Twelve Month Warranty. Upon the Lease Commencement Date, the “Base Building,” Building Systems (as that term is defined in Section 7.2, below, ) and the roof (including roof membrane) of each Building (the "Warrantied Improvements") shall be in good working order, condition and repairrepair (collectively, "Good Working Order") and Landlord hereby covenants that the Base Building Warrantied Improvements shall remain in good working condition Good Working Order for the period (the “"Warranty Period”") commencing on the Lease Commencement Date and continuing until the first (1st) anniversary of the Lease Commencement Date. Landlord shall, at Landlord’s 's sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.4 below), repair or replace any failed or inoperable portion of such Base Building Warrantied Improvements which is not in Good Working Order during such Warranty Period (“"Landlord’s Twelve Month Warranty”"), provided that the need to repair or replace was not caused by (A) the misuse, misconduct, damage, destruction, omissions, and/or negligence of [Decipher Biosciences, Inc.] Tenant, its subtenants and/or assignees, if any (collectively, “"Tenant Damage”"), or (B) any modifications, Alterations or other improvements constructed by or on behalf of Tenant, other than the Tenant Improvements (collectively, “"Tenant Modification”"). Landlord’s 's Twelve Month Warranty shall neither (i) be deemed to require Landlord to replace any portion of any Base BuildingWarrantied Improvements, as opposed to repair such portion of such Base Building, unless prudent commercial property management practices dictate replacement rather than repair of the item in questionWarrantied Improvements, nor (ii) extend to the costs of normal and customary preventive maintenance relating to the Base BuildingWarrantied Improvements (the responsibility and cost for which will be handled in accordance with other provisions of this Lease). To the extent repairs which Landlord is required to make pursuant to this Section 1.1.4 are necessitated by Tenant Damage or Tenant Modification, then Tenant shall reimburse Landlord for the cost of such repair (provided that if such repairs are necessitated in part by Tenant Damage or Tenant Modification, then Tenant shall reimburse Landlord for an equitable portion of the cost of such repair). If it is determined that the Base Building is Warrantied Improvements are not then in good working condition and repair Good Working Order prior to the first (1st) anniversary of the Lease Commencement Date, then Landlord shall not be liable to Tenant for any damages, but, as Tenant’s 's sole remedy, Landlord, at no cost to Tenant (subject to any repair or replacement necessitated by Tenant Damage or Tenant Modification), shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repairGood Working Order, and shall thereafter diligently and continuously pursue the same to completion. Landlord and Tenant hereto acknowledge and agree that the terms of this Section 1.1.4 does not affect Landlord’s obligations to repair and maintain the Base Building pursuant to the express terms and conditions of Section 7 of this Lease.