Common use of Maintenance and Repair by Landlord Clause in Contracts

Maintenance and Repair by Landlord. Subject to the paragraphs captioned “Damage or Destruction” and “Condemnation”, Landlord shall maintain the public and common areas of the Building in first class condition subject to reasonable wear and tear. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. In addition, within the Premises, Landlord shall replace light bulbs and ballasts in fixtures; Tenant shall be billed separately for the replacement of any non-Building-standard bulbs purchased for use in the Premises (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord). All repair costs shall be included in Operating Costs, except for damage occasioned by the act or omission of Tenant or Tenant’s Agents which shall be paid for entirely by Tenant within thirty (30) days after written demand by Landlord, which must be accompanied by reasonably appropriate back-up. In the event any or all of the Building becomes in need of maintenance or repair which Landlord is required to make under this Lease, Tenant shall promptly give written notice to Landlord, and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 of the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to the Premises pursuant to this Section 4.2.

Maintenance and Repair by Landlord. Subject to the paragraphs captioned terms of paragraph 4.9(captioned “Damage or Destruction” ”) and paragraph 4.10 (captioned “Condemnation”) of this Lease, Landlord shall maintain the public public, structural and common areas of the Building, including but not limited to the external and structural components of the Building, the exterior glass, the Garage and the base Building HVAC system, mechanical system, electrical system, and plumbing system in first class reasonably good order and condition subject to reasonable wear and teartear throughout the Lease Term in a manner consistent with the standard of maintenance employed by the owners of office buildings in Arlington, Virginia of an age, size and condition comparable to the Building. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. In addition, within the Premises, Landlord shall replace Building standard light bulbs and ballasts in fixtures; (and the replacement cost of same shall be an Operating Cost), and Tenant shall be billed separately for the replacement of replace any non-Building-standard specialty light bulbs purchased for use in the Premises (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord)ballasts at its sole cost and expense. All maintenance and repair costs shall be included in Operating Costs, except for damage occasioned by the act or omission of Tenant or Tenant’s Agents which shall be paid for entirely by Tenant within thirty (30) days after written upon demand by Landlord (subject to Landlord’s receipt of insurance proceeds, which must be accompanied by reasonably appropriate back-upif any). In the event any or all of the Building becomes in need of maintenance or repair which Landlord is required to make under this Lease, Tenant shall promptly give written notice to Landlord, and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 of the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to the Premises pursuant to this Section 4.2.

Maintenance and Repair by Landlord. Subject to Landlord is not responsible for the paragraphs captioned “Damage or Destruction” maintenance and “Condemnation”, Landlord shall maintain the public and common areas repair of the Premises, Building in first class condition subject to reasonable wear and tearParking Area. Landlord shall make such perform repairs thereto as become necessary after obtaining actual knowledge (i) necessitated by damage caused by the actions of Landlord or anyone in the employ or control of Landlord, or (ii) to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including in any instance that the main utility line is located in on or under the Land or Parking Area surrounding the Building. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1942 and 1942 of the California Civil Code or any similar or successor Laws now or hereby in effect. Tenant shall immediately give Landlord written notice of the need for such repairsrepair of the items for which Landlord is responsible. In addition, within the Premises, Landlord shall replace light bulbs and ballasts in fixtures; Tenant shall be billed separately for the replacement of any non-Building-standard bulbs purchased for use in the Premises (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord). All repair costs shall be included in Operating Costs, except for damage occasioned by the act or omission of If Tenant or Tenant’s Agents invitees or anyone in the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall be paid for entirely pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days after written demand of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by LandlordTenant, which must be accompanied by reasonably appropriate back-up. In with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the event any or all physical damage that caused interruption of the Building becomes in need of maintenance or repair utility service which Landlord is required to make under this Lease, Tenant shall promptly give written notice to Landlord, prohibited Tenant’s use and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 occupancy of the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to the Premises pursuant to this Section 4.2Premises.

Maintenance and Repair by Landlord. Subject Landlord shall, subject to ---------------------------------- the paragraphs captioned “Damage provisions of Sections 14 and 17 hereof and so long as Tenant is not in default hereunder, keep the foundation, the exterior walls (except plate glass windows, doors, door closure devices, window and door frames, molding, locks and hardware and painting or Destruction” other treatment of interior walls, all of which shall be Tenant's responsibility to maintain, replace and “Condemnation”, Landlord shall maintain repair) and the public and common areas roof of the Building Leased Premises in first class condition subject to reasonable good repair, ordinary wear and teartear excepted. Any repairs required to be made by Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. In addition, within the Premises, Landlord shall replace light bulbs and ballasts in fixtures; Tenant shall be billed separately for the replacement of any non-Building-standard bulbs purchased for use in the Premises (under this Lease which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord). All repair costs shall be included in Operating Costs, except for damage are occasioned by the act act, omission or omission negligence of Tenant, or Tenant's agents, employees, subtenants, licensees, invitees, visitors, contractors, servants, customers or others acting, through or under Tenant or for or on behalf of Tenant or (collectively, "Tenant’s Agents which 's Agents"), shall be paid for entirely by Tenant, at any time and from time to time, upon receipt of Landlord's demand to the extent not covered by any net insurance proceeds paid or payable to Landlord therefor. In the event that the Leased Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall immediately give written notice thereof to Landlord and Landlord shall not be obligated in any way to commence any such repairs until a reasonable time shall have elapsed after Landlord's receipt of such written notice. Notwithstanding the above, because of the sensitive nature of Tenant's business and equipment, if Landlord does not repair roof leaks within five (5) business days of written notice of such leaks from Tenant, then Tenant may make the repairs and shall invoice Landlord for the reasonable cost of such repairs, which Landlord will pay to Tenant within thirty (30) days after written demand by Landlord, which must be accompanied by reasonably appropriate back-up. In the event any or all of receipt of the Building becomes in need invoice and reasonably substantial evidence of maintenance or repair which Landlord is required to make under this Leasecompletion of the repairs. Notwithstanding anything contained herein, Tenant shall promptly give written notice use the roof manufacturers' approved roof installation and repairs contractors only to Landlord, and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 of the California Civil Code and perform any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to the Premises pursuant to this Section 4.2repairs.

Maintenance and Repair by Landlord. Subject to During the paragraphs captioned “Damage or Destruction” and “Condemnation”Term of this Lease, Landlord shall keep and maintain the public roof, exterior walls (excluding glass or plate glass), gutters, and common areas downspouts of the Building in first class good condition subject to reasonable wear and tearrepair. Landlord shall be under no obligation and shall not be liable for any failure to make such repairs thereto that are Landlord’s responsibility as become necessary after obtaining actual knowledge designated herein until and unless Tenant notifies Landlord in writing of the need for necessity therefor, and Landlord shall have a reasonable time after such notice to make such repairs. In addition, within Landlord reserves the Premises, Landlord shall replace light bulbs right to the exclusive use of the roof and ballasts in fixtures; Tenant shall be billed separately for exterior walls of the replacement Building. If any portion of any non-Building-standard bulbs purchased for use in the Premises (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported Landlord is obligated to Landlord in a format suitable to Landlord). All maintain or repair costs shall be included in Operating Costsis damaged through the fault or negligence of Tenant, except for its agents, employees, or invitees, then repairs necessitated by such damage occasioned by the act or omission of Tenant or Tenant’s Agents which shall be paid for entirely by Tenant within thirty on Landlord’s demand. Except for the obligations of Landlord under Section 18.02 (30relating to the condition of the Premises), Section 9 (relating to destruction of the Premises) days after written demand and under Section 13 (eminent domain), it is intended by Landlordthe parties hereto that Landlord have no obligation, which must be accompanied by reasonably appropriate back-up. In in any manner whatsoever, to repair and maintain the event any Premises nor the Building located thereon nor the equipment therein, whether structural or nonstructural, all of the Building becomes in need which obligations are intended to be that of maintenance or repair which Landlord is required to make Tenant under this Lease, Tenant shall promptly give written notice to Landlord, and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of such noticeSection 18.01 hereof. Tenant hereby expressly waives the benefit of Sections 1941 and 1942 of any statute now or hereinafter in effect which would otherwise afford Tenant the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right at Landlord’s expense or to terminate this Lease or offset or xxxxx Rent by reason because of any Landlord’s failure of Landlord to make repairs to keep the Premises pursuant to this Section 4.2in good order, condition and repairs.

Maintenance and Repair by Landlord. Subject a. Landlord shall, except as provided elsewhere herein and subject to the paragraphs captioned “Damage negligence of Tenant, its agents or Destruction” employees, maintain and “Condemnation”make necessary replacements of and repairs to: (i) the foundation, exterior walls (excluding windows, window glass, plate glass and doors), roof of the Building, columns and other structural elements of the Building; (ii) the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment serving the Building generally or the Premises in common with other portions of the Building; (iii) the parking areas on the Project or otherwise serving the Building; (iv) the driveways and sidewalks necessary for access to the Building or such parking areas; (v) the loading docks appurtenant to the Building; and (vi) any other common areas and facilities provided by Landlord from time to time, all of which maintenance, replacement and repair work Landlord shall maintain the public and common areas of the Building in first class condition subject perform as required to reasonable wear and tear. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. In addition, within keep the Premises, Landlord shall replace light bulbs the Building and ballasts the Project in fixtures; Tenant shall be billed separately for good condition and working order and in compliance with all applicable laws, ordinances, codes, rules, regulations, orders and permits, including, without limitation, the replacement Americans with Disabilities Act of any non-Building-standard bulbs purchased for use in 1990 and the Premises (which lighting purchases must comply with Landlord’s sustainability practices regulations and shall be reported to Landlord in a format suitable to Landlord). All repair costs shall be included in Operating Costs, except for damage occasioned standards promulgated thereunder unless caused by the act or omission of Tenant or Tenant’s Agents which . Notwithstanding any provisions in this Lease to the contrary, Landlord shall be paid solely responsible for entirely by Tenant within thirty (30) days after written demand by Landlordmaking all so-called "capital improvements" to the Premises, which must be accompanied by reasonably appropriate back-upthe Building and the Project, including without limitation all systems located thereon. In the event any or all When Landlord performs such maintenance, repair and replacement work, Landlord shall take care not to unreasonably interfere with Tenant's use of the Building becomes Premises and shall have such work performed during off hours, if possible. Tenant shall promptly report to Landlord any defective condition in need of maintenance or repair the Premises known to Tenant which Landlord is required to make under this Lease, Tenant shall promptly give written notice to Landlordrepair hereunder, and failure to so report shall relieve Landlord shall be obligated of liability for damages to commence such maintenance any personal property, fixtures or repairs within a reasonable time after Landlord’s receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 of the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to Improvements located in the Premises pursuant to this Section 4.2resulting from or in connection with such defective condition.

Maintenance and Repair by Landlord. Subject Paragraph 9 “Landlord’s Repairs and Services” is revised to read as follows: Landlord shall, at Landlord’s expense, maintain the paragraphs captioned “Damage or Destruction” structural soundness of the roof, the foundations and “Condemnation”exterior walls of the Building in good repair, reasonable wear and tear excepted; provided that, Landlord shall maintain not be responsible for the cost of any repairs resulting from damage, destruction or deterioration which is caused by Tenant, Tenant’s Parties, or by an act or event which is not fully insured. The term “exterior walls” as used herein shall not include windows, glass or plat glass, doors, special store fronts or office entries. Landlord shall perform on behalf of Tenant and other tenants of the Project, as an item of Basic Operating Cost, the exterior maintenance of the Building, the Project, and public and common areas of the Building in first class condition subject Project, including but not limited to reasonable wear the items listed on Exhibit E, and tearany other maintenance item which affects the operation and exterior appearance of the Project, which determination shall be at Landlord’s sole discretion. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge maintain the exterior of the need Building, the Project, and public and common areas of the Project in a first class condition, consistent with other class A office buildings in the South San Francisco, California area. Except for such repairs. In additionthe expenses directly involving the items specifically described in the first sentence of this paragraph, within the Premises, Landlord shall replace light bulbs and ballasts in fixtures; Tenant shall be billed separately reimburse Landlord for the replacement of all such costs in accordance with Basic Operating Cost. Landlord agrees to give Tenant advance notice if Landlord intends to perform any non-Building-standard bulbs purchased for use routine maintenance item (except in the Premises (which lighting purchases must comply with Landlord’s sustainability practices an emergency) and shall be reported coordinate with Tenant to Landlord in a format suitable minimize as much as reasonably possible any interference to Landlord). All repair costs shall be included in Operating Costs, except for damage occasioned the conduct of Tenant’s business caused by the performance of such non- routine maintenance item. Any damage caused by or repairs necessitated by any act or omission of Tenant or Tenant’s Agents which Parties may be repaired by Landlord at Landlord’s option and at Tenant’s expense. Tenant shall be paid for entirely by Tenant within thirty (30) days after immediately give Landlord written demand by Landlord, which must be accompanied by reasonably appropriate back-up. In the event notice of any defect or all of the Building becomes in need of repairs after which landlord shall have a reasonable opportunity to repair same. Landlord’s liability with respect to any defects, repairs, or maintenance or repair for which Landlord is required to make responsible under any of the provisions of this Lease, Tenant shall promptly give written notice to Landlord, and Landlord Lease shall be obligated limited to commence the cost of such repairs or maintenance or repairs within a reasonable time after unless caused by Landlord’s receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 of the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease gross negligence or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to the Premises pursuant to this Section 4.2willful misconduct.

Maintenance and Repair by Landlord. Subject to the paragraphs captioned “Damage or Destruction” and “Condemnation”, ,” Landlord shall maintain the public public, structural and common areas of the Building, including but not limited to the external and structural components of the Building, the exterior glass (including the interior side thereof), the Garage, the Building HVAC system and all mechanical, electrical, and plumbing systems, the restrooms, passenger elevators serving the Premises (at least one of which shall generally be in first class operation at all times), a freight elevator, loading dock, and risers in reasonably good order and condition subject to reasonable wear and teartear throughout the Lease Term in accordance with comparable first class office buildings in the Tyson’s Corner submarket of Northern Virginia and in compliance with all statutes, ordinances, codes, laws, rules, regulations, orders and directives of any Governmental Agency as now or later amended, including but not limited to Access Laws. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. In addition, within the Premises, Landlord shall replace Building standard light bulbs and ballasts in fixtures; (and the replacement cost of same shall be an Operating Cost), and Tenant shall be billed separately for the replacement of replace any non-Building-standard specialty light bulbs purchased for use and specialty ballasts in the Premises (which lighting purchases must comply with Landlord’s sustainability practices at its sole cost and shall be reported to Landlord in a format suitable to Landlord)expense. All maintenance and repair costs shall be included in Operating CostsCosts as and to the extent provided by the terms of this Lease, except for damage occasioned by the act or omission of Tenant or Tenant’s Agents which shall be paid for entirely by Tenant within thirty (30) days after written upon demand by Landlord, which must be accompanied by reasonably appropriate back-up. In the event any or all of the Building becomes in need of maintenance or repair which Landlord is required to make under this Lease, Tenant shall promptly immediately give written notice to Landlord, and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 of the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to the Premises pursuant to this Section 4.2.

Maintenance and Repair by Landlord. 4.1.1 Subject to the paragraphs captioned “"Damage or Destruction” " and “"Condemnation”", Landlord shall maintain the public and common areas of the Building in first class reasonably good order and condition subject to reasonable wear and tear. Landlord also shall maintain all base building mechanical systems serving the common areas of the Building and the Premises (but not any supplementary HVAC or other system exclusively serving the Premises as provided in Paragraph 4.2.2 hereof) in reasonably good order and condition, subject to reasonable wear and tear. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. In additionUpon request by Tenant, within Landlord also shall be responsible for light bulb replacement in the Premises, Landlord shall replace light bulbs and ballasts in fixtures; Tenant shall be billed separately for the replacement of any non-Building-standard bulbs purchased for use in the Premises (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord). All repair costs shall be included in Operating Costs, except for (a) damage occasioned by the act or omission of Tenant or Tenant’s Agents 's Agents, which shall be paid for entirely by Tenant within thirty (30) days after written upon demand by Landlord, (b) damage occasioned by the act or omission of Landlord or Landlord's Agents, which must shall be accompanied paid for entirely by reasonably appropriate backLandlord, (c) any property damage definitively proven to have been caused by the negligence or willful misconduct of other tenants of the Building, which shall be charged to such other tenants, and (d)replacement of bulbs in non-upstandard building lighting fixtures, which shall be paid for entirely by Tenant upon demand by Landlord. In the event any or all of the Building becomes in need of maintenance or repair which Landlord is required to make under this Lease, Tenant shall promptly immediately give written notice to Landlord, and Landlord shall not be obligated in any way to commence such maintenance or repairs within until a reasonable time elapses after Landlord’s 's receipt of such notice. Tenant hereby waives the benefit of Sections 1941 and 1942 of the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right to terminate this Lease or offset or xxxxx Rent by reason of any failure of Landlord to make repairs to the Premises pursuant to this Section 4.2.

Maintenance and Repair by Landlord. Subject to During the paragraphs captioned “Damage or Destruction” and “Condemnation”Term of this Lease, Landlord shall keep and maintain the public roof, exterior walls (excluding glass or plate glass), gutters, and common areas downspouts of the Building in first class good condition subject to reasonable wear and tearrepair. Landlord shall be under no obligation and shall not be liable for any failure to make such repairs thereto that are Landlord's responsibility as become necessary after obtaining actual knowledge designated herein until and unless Tenant notifies Landlord in writing of the need for necessity therefor, and Landlord shall have a reasonable time after such notice to make such repairs. In addition, within Landlord reserves the Premises, Landlord shall replace light bulbs right to the exclusive use of the roof and ballasts in fixtures; Tenant shall be billed separately for exterior walls of the replacement Building. If any portion of any non-Building-standard bulbs purchased for use in the Premises (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported Landlord is obligated to Landlord in a format suitable to Landlord). All maintain or repair costs shall be included in Operating Costsis damaged through the fault or negligence of Tenant, except for its agents, employees, or invitees, then repairs necessitated by such damage occasioned by the act or omission of Tenant or Tenant’s Agents which shall be paid for entirely by Tenant within thirty on Landlord's demand. Except for the obligations of Landlord under Section 18.02 (30relating to the condition of the Premises), Section 9 (relating to destruction of the Premises) days after written demand and under Section 13 (eminent domain), and Landlord's obligation to reimburse Tenant 50% of the cost of replacing the heating, ventilating and air conditioning system if it should cease to function and be incapable of repair, it is intended by Landlordthe parties hereto that Landlord have no obligation, which must be accompanied by reasonably appropriate back-up. In in any manner whatsoever, to repair and maintain the event any Premises nor the Building located thereon nor the equipment therein, whether structural or nonstructural, all of the Building becomes in need which obligations are intended to be that of maintenance or repair which Landlord is required to make Tenant under this Lease, Tenant shall promptly give written notice to Landlord, and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of such noticeSection 18.01 hereof. Tenant hereby expressly waives the benefit of Sections 1941 and 1942 of any statute now or hereinafter in effect which would otherwise afford Tenant the California Civil Code and any other statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant waives any right at Landlord's expense or to terminate this Lease or offset or xxxxx Rent by reason because of any Landlord's failure of Landlord to make repairs to keep the Premises pursuant to this Section 4.2in good order, condition and repairs.