Common use of LESSOR OBLIGATIONS Clause in Contracts

LESSOR OBLIGATIONS. Lessor, at Lessor’s sole expense, shall keep in good order, condition, and repair, the building and other improvements in which the Premises are located, including the foundations, exterior walls, unexposed electrical, plumbing, and sewage systems, including, without exception, those portions of the system lying outside the Premises, window frames, gutters, down spouts, HVAC systems, elevator, and the exterior roof of the Premises and the building. Lessor shall also be solely responsible for repairs which relate to or arise out of: A. Structural or other latent defects in or to the Premises or the building; B. Violations of ordinances, laws, regulations and orders of authorities applicable to the construction or structure of the Premises, or Lessor’s building, except to the extent caused by Xxxxxx’s use or occupancy of the Premises; C. The negligence or intentional act of the Lessor, its employees, agents, or contractors; D. Any breach by Lessor of any of the conditions, terms, or obligations on Lessor’s part to be observed or performed under this Lease, or E. Causes outside the Premises over which the Lessee has no control. Lessee shall Lessor (as specified in 12.1 of this Lease) of any repairs required of Lessor under this paragraph. Lessor shall have thirty (30) days after written notice from Lessee to commence to perform its obligations to make repairs under this section, or to respond to the complaint in written form, except that Lessor shall commence performance of such obligations immediately after such notice if the nature of the problem presents a hazard, emergency, or substantial interference with Xxxxxx's conduct of its service to the public. Lessor shall diligentlypursue such repairs to completion once commenced. If Lessor fails to perform its obligations to immediately repair or cure a problem which presents a hazard, emergency, or substantial interferencewith Xxxxxx's conduct of its services to the public after thirty (30) days written notice of such defect, Lessee may terminate the Lease and be released from all obligations thereunder. If Lessor does not otherwise perform its obligations in compliance with this paragraph, or Lessor does not show reasonable due diligence to comply, Lessee may, in its discretion perform such obligations (subject to all necessary building codes and permits) and shall then have the right to be reimbursed for the sum of actual expense in the performance of the Lessor's obligations. However, Lessee shall not be entitled to expend more than twenty-five thousand dollars ($25,000.00) or two (2) months rent, whichever is greater. If the Lessor does not reimburse Lessee within thirty (30) days after written demand, accompanied by documentation of charges, Xxxxxx shall have the right to withhold from future rent the sum the Lessee has expended, until the Lessee is reimbursed in If Lessor does not believe that repairs are required, Lessor must, within 15 days of receipt of initial notice by Xxxxxx, provide good faith, reasonable grounds for non-repair in writing. If Lessee disagrees, Lessee may (1) bring suit immediately for breach of this agreement or (2) undertake the repairs itself and institute suit against Lessor for reimbursement.

Appears in 1 contract

Samples: Lease Agreement

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LESSOR OBLIGATIONS. Lessor, at Lessor’s 's sole expense, shall keep in good order, condition, and repair, the building and other improvements in which the Premises are located, including the foundations, exterior walls, unexposed electrical, unexposed plumbing, and sewage systems, including, without exception, those portions of the system lying outside the Premises, window frames, gutters, down spoutsdownspouts, HVAC systems, elevator, and the exterior roof roofs of the Premises and the buildingbuildings, accessory structures located on the Premises, and shall maintain all external areas including parking, lighting, fencing, and landscaped areas. Lessor shall also be solely responsible for repairs which relate to or arise out of: A. Structural or other latent defects in or to the Premises or the buildingthe'building; B. Violations of ordinances, laws, regulations and orders of governmental authorities County AS Lessee - 420 440 May Avenue 0000935 applicable to the construction or structure of the Premises, or Lessor’s building, except to the extent caused by Xxxxxx’s use or occupancy of the Premises; C. The negligence or intentional act of the Lessor, its employees, agents, or contractors; D. Any breach by Lessor of any of the conditions, terms, or obligations on Lessor’s part to be observed or performed under this Lease, or E. Causes outside the Premises over which the Lessee has no control. Lessee shall Lessor (as specified in 12.1 of this Lease) of any repairs required of Lessor under this paragraph. Lessor shall have thirty (30) days after written notice from Lessee to commence to perform its obligations to make repairs under this section, or to respond to the complaint in written form, except that Lessor shall commence performance of such obligations immediately after such notice if the nature of the problem presents a hazard, emergency, or substantial interference with Xxxxxx's ’s conduct of its service to the public. Lessor shall diligentlypursue diligently pursue such repairs to completion once commenced. If Lessor fails to perform its obligations to immediately repair or cure a problem which presents a hazard, emergency, or substantial interferencewith interference with Xxxxxx's ’s conduct of its services to the public after thirty (30) days written notice of such defect, Lessee may terminate the Lease and be released from all obligations thereunder. If Lessor does not otherwise perform its obligations in compliance with this paragraph, or Lessor does not show reasonable due diligence to comply, paragraph Lessee may, in its discretion perform such obligations (subject to all necessary building codes and permits) and shall then have the right to be reimbursed for the sum of actual expense in the performance of the Lessor's ’s obligations. However, Lessee shall not be entitled to expend more than twenty-five thousand dollars ($25,000.00) or two (2) months rent, whichever is greater. If the Lessor does not reimburse Lessee within thirty (30) days after written demand, accompanied by documentation of charges, Xxxxxx shall have the right to withhold from future rent the sum the Lessee has expended, until the Lessee is reimbursed in If full. However, if Lessor does not believe notifies Lessee within fifteen (15) working days after Xxxxxx’s written notice that repairs are required, needed and Lessor must, within 15 days of receipt of initial notice by Xxxxxx, provide has good faith, reasonable grounds for non-repair in writing. If Lessee disagrees, Lessee may (1) bring suit immediately for breach of this agreement or (2) undertake the repairs itself and Xxxxxx’s sole remedy to obtain such reimbursement shall be to institute suit against Lessor for reimbursementXxxxxx.

Appears in 1 contract

Samples: Commercial Lease Agreement

LESSOR OBLIGATIONS. Lessor, at Lessor’s 's sole expense, shall keep in good order, condition, and repair, the building and other improvements in which the Premises are located, including the foundations, exterior walls, unexposed electrical, unexposed plumbing, and sewage systems, including, without exception, those portions of the system lying outside the Premises, window frames, gutters, down spoutsdownspouts, HVAC systems, elevator, and the exterior roof roofs of the Premises and the buildingbuildings, accessory structures located on the Premises, and shall maintain all external areas including parking, lighting, fencing, and landscaped areas. Lessor shall also be solely responsible for repairs which relate to or arise out of:out A. Structural or other latent defects in or to the Premises or the buildingthe'building; B. Violations of ordinances, laws, regulations and orders of governmental authorities applicable to the construction or structure of the Premises, or Lessor’s building, except to the extent caused by Xxxxxx’s use or occupancy of the Premises; C. The negligence or intentional act of the Lessor, its employees, agents, or contractors; D. Any breach by Lessor of any of the conditions, terms, or obligations on Lessor’s part to be observed or performed under this Lease, or E. Causes outside the Premises over which the Lessee has no control. Lessee shall Lessor (as specified in 12.1 of this Lease) of any repairs required of Lessor under this paragraph. Lessor shall have thirty (30) days after written notice from Lessee to commence to perform its obligations to make repairs under this section, or to respond to the complaint in written form, except that Lessor shall commence performance of such obligations immediately after such notice if the nature of the problem presents a hazard, emergency, or substantial interference with Xxxxxx's ’s conduct of its service to the public. Lessor shall diligentlypursue diligently pursue such repairs to completion once commenced. If Lessor fails to perform perfom its obligations to immediately repair or cure a problem which presents a hazard, emergency, or substantial interferencewith interference with Xxxxxx's ’s conduct of its services to the public after thirty (30) days written notice of such defect, Lessee may terminate the Lease and be released from all obligations thereunder. If Lessor does not otherwise perform its obligations in compliance with this paragraph, or Lessor does not show reasonable due diligence to comply, paragraph Lessee may, in its discretion perform such obligations (subject to all necessary building codes and permits) and shall then have the right to be reimbursed for the sum of actual expense in the performance of the Lessor's ’s obligations. However, Lessee shall not be entitled to expend more than twenty-five thousand dollars ($25,000.00) or two (2) months rent, whichever is greater. If the Lessor does not reimburse Lessee within thirty (30) days after written demand, accompanied by documentation of charges, Xxxxxx shall have the right to withhold from future fi-om rent the sum the Lessee has expended, until the Lessee is reimbursed in If full. However, if Lessor does not believe notifies Lessee within fifteen (15) working days after Xxxxxx’s written notice that repairs are required, needed and Lessor must, within 15 days of receipt of initial notice by Xxxxxx, provide has good faith, reasonable grounds for non-repair in writing. If Lessee disagrees, Lessee may (1) bring suit immediately for breach of this agreement or (2) undertake the repairs itself and Xxxxxx’s sole remedy to obtain such reimbursement shall be to institute suit against Lessor for reimbursementXxxxxx.

Appears in 1 contract

Samples: Commercial Lease Agreement

LESSOR OBLIGATIONS. Lessor, at Lessor’s sole expense, shall keep in good order, condition, and repair, the building and other improvements in which the Premises are located, including the foundations, exterior walls, unexposed electrical, plumbing, and sewage systems, including, without exception, those portions of the system lying outside the Premises, window frames, gutters, down spouts, HVAC systems, elevator, and the exterior roof of the Premises and the building. Lessor shall also be solely responsible for repairs which relate to or arise out of: A. Structural or other latent defects in or to the Premises or the building; B. Violations of ordinances, laws, regulations and orders of governmental authorities applicable to the construction or structure of the Premises, or Lessor’s building, except to the extent caused by Xxxxxx’s use or occupancy of the Premises; C. The negligence or intentional act of the Lessor, its employees, agents, or contractors; D. Any breach by Lessor of any of the conditions, terms, or obligations on Lessor’s part to be observed or performed under this Lease, oror dounty As Lessee - 0000 Xxxxxxx Xxxxxx E. Causes outside the Premises over which the Lessee has no control. Lessee shall notify Lessor (as specified in 12.1 of this Lease) of any repairs required of Lessor under this paragraph. Lessor shall have thirty (30) days after written notice from Lessee to commence to perform its obligations to make repairs under this section, or to respond to the complaint in written form, except that Lessor shall commence performance of such obligations immediately after such notice if the nature of the problem presents a hazard, emergency, or substantial interference with Xxxxxx's conduct of its service to the public. Lessor shall diligentlypursue diligently pursue such repairs to completion once commenced. If Lessor fails to perform its obligations to immediately repair or cure a problem which presents a hazard, emergency, or substantial interferencewith interference with Xxxxxx's conduct of its services to the public after thirty (30) days written notice of such defect, Lessee may terminate the Lease and be released from all obligations thereunder. If Lessor does not otherwise perform its obligations in compliance with this paragraph, or Lessor does not show reasonable due diligence to comply, Lessee may, in its discretion perform such obligations (subject to all necessary building codes and permits) and shall then have the right to be reimbursed for the sum of actual expense in the performance of the Lessor's obligations. However, Lessee shall not be entitled to expend more than twenty-five thousand dollars ($25,000.00) or two (2) months rent, whichever is greater. If the Lessor does not reimburse Lessee within thirty (30) days after written demand, accompanied by documentation of charges, Xxxxxx shall have the right to withhold from future rent the sum the Lessee has expended, until the Lessee is reimbursed in full. If Lessor does not believe that repairs are required, Lessor must, within 15 days of receipt of initial notice by Xxxxxx, provide good faith, reasonable grounds for non-repair in writing. If Lessee disagrees, Lessee may (1) bring suit immediately for breach of this agreement or (2) undertake the repairs itself and institute suit against Lessor for reimbursement.

Appears in 1 contract

Samples: Lease Agreement

LESSOR OBLIGATIONS. Lessor, at Lessor’s sole expense, shall keep in good order, condition, and repair, the building and other improvements in which the Premises are located, including the foundations, exterior walls, unexposed electrical, plumbing, and sewage systems, including, without exception, those portions of the system lying outside the Premises, window frames, gutters, down spoutsdownspouts, HVAC systems, elevator, and the exterior roof of the Premises and the building. The obligations of the preceding sentence shall extend to the portions of any such system or structures lying outside the Premises. Lessor shall also be solely responsible for repairs repairs, which relate to or arise out of: A. Structural or other latent defects in or to of the Premises or the building; B. Violations of ordinances, laws, regulations and orders of governmental authorities applicable to the construction or structure of the Premises, or Lessor’s building, except to the extent solely caused by Xxxxxx’s use or occupancy of the Premises; C. The negligence or intentional act of the Lessor, its employees, agents, other tenants, invitees, or contractors; D. Any breach by Lessor of any of the conditions, terms, or obligations on Lessor’s part to be observed or performed of Lessor under this Lease, or E. Causes outside the Premises over which the Lessee has no control. Lessee shall notify Lessor (as specified in 12.1 Section 12.9 of this Lease) of any repairs required of Lessor under this paragraph. Lessor shall have thirty (30) days after written notice from Lessee Xxxxxx to commence to perform its obligations to make repairs under this section, or to respond to the complaint in written form, except that Lessor shall commence performance of such obligations immediately after such notice if the nature of the problem presents a hazard, emergency, or substantial interference with Xxxxxx's ’s conduct of its service to the public. Lessor shall diligentlypursue diligently pursue such repairs to completion once commencedcompletion. If Lessor fails to perform its obligations to immediately repair or cure a problem which presents a hazard, emergency, or substantial interferencewith interference with Xxxxxx's ’s conduct of its services to the public after thirty (30) days written notice of such defect, Lessee may terminate the Lease and be thereby released from all obligations thereunder. If Lessor does not otherwise perform its obligations in compliance with under this paragraph, or Lessor does not show reasonable due diligence to complydiligence, Lessee may, in its discretion perform such obligations (subject to all necessary building codes and permits) and shall then have the right to be reimbursed for the sum of its actual expense expenditures in the performance of the performing Lessor's ’s obligations. However, in doing so Lessee shall not be entitled to expend more than twenty-five fifteen thousand dollars ($25,000.00) or two (2) months rent, whichever is greater15,000.00). If the Lessor Xxxxxx does not reimburse Lessee within thirty (30) days after Xxxxxx’s written demand, demand accompanied by documentation of charges, Xxxxxx shall have the right to may withhold from future rent the sum the Lessee has expended, until the Lessee is reimbursed in full. If Lessor does not believe that repairs are required, Lessor mustmust provide, within 15 days of receipt of initial notice by Xxxxxx, provide a written response in good faith, which demonstrates reasonable grounds for non-repair in writingrepair. If Lessee Xxxxxx disagrees, Lessee may (1) bring suit sue immediately for breach of this agreement or (2) undertake the repairs itself and thereafter and without further notice institute suit against Lessor Xxxxxx for reimbursement.

Appears in 1 contract

Samples: Lease Agreement

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LESSOR OBLIGATIONS. LessorSubject to Lessee’s repair obligations set forth in Article 6.2, at Lessor’s sole expenseand the provisions of Article 4, Lessor shall operate and maintain the Project, including the structural and exterior components of the Project and the mechanical and electrical systems of the Building serving the Premises, and keep such areas, elements and systems in good order and condition similar to other Class A office buildings in the County of Marin. Lessor shall keep the Premises, including all Lessee’s Improvements therein, in good order, conditionrepair and condition at all times during the Lease Term. In the event of any failure by Lessor to provide any service, supply, utility, maintenance, repair or replacements required under this Lease, which in a commercially reasonable manner materially affects Lessee’s use, enjoyment, and repair, the building and other improvements in which the Premises are located, including the foundations, exterior walls, unexposed electrical, plumbing, and sewage systems, including, without exception, those portions of the system lying outside the Premises, window frames, gutters, down spouts, HVAC systems, elevator, and the exterior roof of the Premises and the building. Lessor shall also be solely responsible for repairs which relate to or arise out of: A. Structural or other latent defects in or to the Premises or the building; B. Violations of ordinances, laws, regulations and orders of authorities applicable to the construction or structure occupancy of the Premises, or Lessee shall immediately provide Lessor, and Lessor’s buildinglender if there is a lender which has executed a Subordination, except to Non-Disturbance and Attornment Agreement substantially in the extent caused by Xxxxxx’s use or occupancy form of Exhibit H attached hereto, with a written notice specifying the Premises; C. The negligence or intentional act nature of the Lessor, its employees, agents, or contractors; D. Any breach by Lessor of any of the conditions, terms, or obligations on Lessor’s part failure to be observed or performed under this Leasecure. The notice shall specify a commercially reasonable time frame for Lessor to remedy said failure, or E. Causes outside the Premises over which the Lessee has no control. Lessee shall Lessor (as specified in 12.1 of this Lease) of any repairs required of Lessor under this paragraph. Lessor shall have thirty (30) days after written notice from Lessee to commence to perform its obligations to make repairs under this section, or to respond to the complaint in written form, except that Lessor shall commence performance of such obligations immediately after such notice if contingent on the nature of the problem presents a hazardrequested repair, emergencyspecifically the urgency of the repair, whether there are any health or safety concerns at issue, and the materiality of the lack of repair on Lessee’s use of the Premises. If the failure persists past the time allowed within the written notice, or substantial interference if Lessor refuses, fails or neglects to respond to Lessee’s notice with Xxxxxx's conduct a plan of action with respect to the repairs within the time specified in Lessee’s notice, or in the event of an emergency constituting a hazard to health or safety (as noted above), the Lessee may by contract or otherwise, perform the required work or service at its own cost and in addition to any other remedy the Lessee may have, deduct from the next or any succeeding payments of Base Rent due under the Lease, then or thereafter due, the resulting cost to the Lessee, including all administrative costs; provided, however, that should said amount or the liability therefore be disputed by Lessor, Lessor may contest its liability or the amount thereof, through arbitration or through a declaratory judgment action. If the Lessee elects to perform any such requirement, the Lessee and each of its service to the public. Lessor contractors shall diligentlypursue such repairs to completion once commenced. If Lessor fails to perform its obligations to immediately repair or cure a problem which presents a hazard, emergency, or substantial interferencewith Xxxxxx's conduct of its services to the public after thirty (30) days written notice of such defect, Lessee may terminate the Lease and be released from all obligations thereunder. If Lessor does not otherwise perform its obligations in compliance with this paragraph, or Lessor does not show reasonable due diligence to comply, Lessee may, in its discretion perform such obligations (subject to all necessary building codes and permits) and shall then have the right to be reimbursed for the sum of actual expense in the performance of the Lessor's obligations. However, Lessee shall not be entitled to expend more than twenty-five thousand dollars ($25,000.00) or two (2) months rentaccess to any and all areas of the Building, whichever access to which is greater. If necessary to perform any such requirement, and the Lessor does not reimburse Lessee within thirty (30) days after written demand, accompanied shall afford and facilitate such access. No deduction from Base Rent pursuant to this clause shall constitute a default by documentation of charges, Xxxxxx shall have the right to withhold from future rent the sum the Lessee has expended, until the Lessee is reimbursed in If Lessor does not believe that repairs are required, Lessor must, within 15 days of receipt of initial notice by Xxxxxx, provide good faith, reasonable grounds for non-repair in writingunder this Lease. If Lessee disagrees, Lessee may (1) bring suit immediately for breach Notwithstanding any other provision of this agreement or (2) undertake Lease, in the repairs itself event of a conflict between the terms of this Article 6.1 and institute suit against Lessor for reimbursementany other term elsewhere in the Lease, the terms of Article 6.1 shall prevail.

Appears in 1 contract

Samples: Office Lease

LESSOR OBLIGATIONS. Lessor, at Lessor’s 's sole expense, shall keep in good order, condition, and repair, the building and other improvements in which the Premises are located, including the foundations, exterior walls, unexposed electrical, plumbing, and sewage systems, including, without exception, those portions of the system lying outside the Premises, window frames, gutters, down spoutsdownspouts, HVAC systems, elevator, and the exterior roof of the Premises and the building. Lessor The obligations of the preceding sentence shall also be solely responsible for repairs which relate extend to the portions of any such system or arise out of:structures lying outside the premises. A. Structural or other latent defects in or to the Premises or the building; B. Violations of ordinances, laws, regulations and orders of governmental authorities applicable to the construction or structure of the Premises, or Lessor’s building, except to the extent caused by Xxxxxx’s use or occupancy of the Premises; C. The negligence or intentional act of the Lessor, its employees, agents, or contractors; D. Any breach by Lessor of any of the conditions, terms, or obligations on Lessor’s part to be observed or performed under this Lease, or E. Causes outside the Premises over which the Lessee has no control. Lessee shall notify Lessor (as specified in 12.1 of this Lease) of any repairs required of Lessor under this paragraph. Lessor shall have thirty (30) days after written notice from Lessee to commence to perform its obligations to make repairs under this section, or to respond to the complaint in written form, except that Lessor shall commence performance of such obligations immediately after such notice if the nature of the problem presents a hazard, emergency, or substantial interference with Xxxxxx's ’s conduct of its service to the public. Lessor shall diligentlypursue diligently pursue such repairs to completion once commenced. If Lessor fails to perform its obligations to immediately repair or cure a problem which presents a hazard, emergency, or substantial interferencewith interference with Xxxxxx's ’s conduct of its services to the public after thirty (30) days written notice of such defect, Lessee may terminate the Lease and be released from all obligations thereunder. If Lessor does not otherwise perform its obligations in compliance with this paragraph, or Lessor does not show reasonable due diligence to comply, Lessee may, in its discretion perform such obligations (subject to all necessary building codes and permits) and shall then have the right to be reimbursed for the sum of actual expense in the performance of the Lessor's obligations. However, Lessee shall not be entitled to expend more than twenty-five thousand dollars ($25,000.00) or two (2) months rent, whichever is greater. If the Lessor does not reimburse Lessee within thirty (30) days after written demand, accompanied by documentation of charges, Xxxxxx shall have the right to withhold from future rent the sum the Lessee has expended, until the Lessee is reimbursed in If Lessor does not believe that repairs are required, Lessor must, within 15 days of receipt of initial notice by Xxxxxx, provide good faith, reasonable grounds for non-repair in writing. If Lessee disagrees, Lessee may (1) bring suit immediately for breach of this agreement or (2) undertake the repairs itself and institute suit against Lessor for reimbursement.thirty

Appears in 1 contract

Samples: Lease Agreement

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