Maintenance and Repair by Landlord. Landlord shall, subject to ---------------------------------- the 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 other treatment of interior walls, all of which shall be Tenant's responsibility to maintain, replace and repair) and the roof of the Leased Premises in good repair, ordinary wear and tear excepted. Any repairs required to be made by Landlord under this Lease which are occasioned by the act, omission or 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 (collectively, "Tenant's Agents"), shall be paid for 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 2 contracts
Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Maintenance and Repair by Landlord. 4.1.1 Subject to the paragraphs captioned “Damage or Destruction” and “Condemnation”, Landlord shall, shall maintain in reasonably good order and condition subject to ---------------------------------- the 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 other treatment of interior walls, all of which shall be Tenant's responsibility to maintain, replace and repair) and the roof of the Leased Premises in good repair, ordinary reasonable wear and tear excepted(a) the public and common areas of the Land and the Building and, to the extent owned by the Landlord, the Park, including the parking areas and walkways, and (b) the roof and structural elements of the Building, and all base building mechanical systems (including electrical, plumbing, and HVAC) serving the common areas of the Building and the Premises (but not any Supplemental Utilities Equipment or other system exclusively serving the Premises as provided in subparagraph 4.2.2 hereof).. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. Any repairs required All repair costs other than those covered by Landlord’s insurance shall be included in Operating Costs, except if repaired by warranty without cost to be made by Landlord under this Lease which are and except for damage occasioned by the act, act or omission or negligence of Tenant, 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 (collectively, "Tenant's Agents"), ’s Agents which shall be paid for entirely by Tenant, at any time and from time to time, Tenant upon receipt of demand by Landlord's demand to the extent not covered by any net insurance proceeds paid or payable to Landlord therefor. In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately give written notice thereof to Landlord, and Landlord and shall endeavor to commence such maintenance or repairs in a timely fashion after Landlord’s receipt of such notice.
4.1.2 Landlord shall not be obligated liable by reason of any injury to or interference with Tenant/s business arising from the making of any repairs, alterations, additions or improvements in or to the Premises or the Building or to any way to commence any such repairs until a reasonable time appurtenances or equipment therein. There shall have elapsed after Landlord's receipt be no abatement of such written notice. Notwithstanding the above, rent 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 alterations, additions or improvements or because of any delay by Landlord will pay to Tenant within thirty (30) days of receipt of in making the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairssame.
Appears in 2 contracts
Samples: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)
Maintenance and Repair by Landlord. Subject to the terms of paragraph 4.9(captioned “Damage or Destruction”) and paragraph 4.10 (captioned “Condemnation”) of this Lease, Landlord shallshall maintain the public, subject structural and common areas of the Building, including but not limited to ---------------------------------- the provisions external and structural components of Sections 14 and 17 hereof and so long as Tenant is not in default hereunder, keep the foundationBuilding, the exterior walls (except plate glass windowsglass, doors, door closure devices, window and door frames, molding, locks and hardware and painting or other treatment of interior walls, all of which shall be Tenant's responsibility to maintain, replace and repair) the Garage and the roof of the Leased Premises base Building HVAC system, mechanical system, electrical system, and plumbing system in reasonably good repair, ordinary order and condition subject to reasonable wear and tear exceptedthroughout 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. Any Landlord shall make such repairs required to thereto as become necessary after obtaining actual knowledge of the need for such repairs. Landlord shall replace Building standard light bulbs and ballasts (and the replacement cost of same shall be made by Landlord under this Lease which are an Operating Cost), and Tenant shall replace any specialty light bulbs and 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, act or omission or negligence of Tenant, 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 (collectively, "Tenant's Agents"), ’s Agents which shall be paid for entirely by Tenant, at any time and from time Tenant upon demand by Landlord (subject to time, upon Landlord’s receipt of Landlord's demand to the extent not covered by any net insurance proceeds paid or payable to Landlord thereforproceeds, if any). In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately promptly give written notice thereof to Landlord Landlord, and Landlord shall not be obligated in any way to commence any such maintenance or repairs until within a reasonable time shall have elapsed after Landlord's ’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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 2 contracts
Samples: Deed of Lease (Opower, Inc.), Deed of Lease (Opower, Inc.)
Maintenance and Repair by Landlord. During the Term of this Lease, Landlord shallshall keep and maintain the roof, subject to ---------------------------------- the provisions of Sections 14 and 17 hereof and so long as Tenant is not in default hereunder, keep the foundation, the exterior walls (except excluding glass or plate glass windowsglass), doorsgutters, door closure devices, window and door frames, molding, locks downspouts of the Building in good condition and hardware and painting or other treatment of interior walls, all of which repair. Landlord shall be Tenant's under no obligation and shall not be liable for any failure to make repairs that are Landlord’s responsibility as designated herein until and unless Tenant notifies Landlord in writing of the necessity therefor, and Landlord shall have a reasonable time after such notice to maintain, replace and repair) and make such repairs. Landlord reserves the right to the exclusive use of the roof and exterior walls of the Leased Building. If any portion of the Premises in good repair, ordinary wear and tear excepted. Any repairs required which Landlord is obligated to be made by Landlord under this Lease which are occasioned by maintain or repair is damaged through the act, omission fault or negligence of Tenant, or Tenant's its agents, employees, subtenants, licensees, or invitees, visitors, contractors, servants, customers or others acting, through or under Tenant or for or on behalf of Tenant (collectively, "Tenant's Agents"), then repairs necessitated by such damage shall be paid for by TenantTenant on Landlord’s demand. Except for the obligations of Landlord under Section 18.02 (relating to the condition of the Premises), Section 9 (relating to destruction of the Premises) and under Section 13 (eminent domain), it is intended by the parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises nor the Building located thereon nor the equipment therein, whether structural or nonstructural, all of which obligations are intended to be that of Tenant under Section 18.01 hereof. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at any time and from time Landlord’s expense or to time, upon receipt terminate this Lease because of Landlord's demand ’s failure to keep 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 hereundergood order, Tenant shall immediately give written notice thereof to Landlord condition 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 2 contracts
Samples: Lease (Control4 Corp), Lease (Control4 Corp)
Maintenance and Repair by Landlord. Subject to the paragraphs captioned “Damage or Destruction” and “Condemnation,” Landlord shallshall maintain the public, subject structural and common areas of the Building, including but not limited to ---------------------------------- the provisions external and structural components of Sections 14 and 17 hereof and so long as Tenant is not in default hereunder, keep the foundationBuilding, the exterior walls glass (except plate glass windowsincluding the interior side thereof), doorsthe Garage, door closure devicesthe Building HVAC system and all mechanical, window electrical, and door framesplumbing systems, moldingthe restrooms, locks and hardware and painting or other treatment of interior walls, all passenger elevators serving the Premises (at least one of which shall generally be Tenant's responsibility in operation at all times), a freight elevator, loading dock, and risers in reasonably good order and condition subject to maintain, replace and repair) and the roof of the Leased Premises in good repair, ordinary reasonable wear and tear exceptedthroughout 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. Any Landlord shall make such repairs required thereto as become necessary after obtaining actual knowledge of the need for such repairs. Landlord shall replace Building standard light bulbs and ballasts (and the replacement cost of same shall be an Operating Cost), and Tenant shall replace any specialty light bulbs and specialty ballasts in the Premises at its sole cost and expense. All maintenance and repair costs shall be included in Operating Costs as and to be made the extent provided by Landlord under the terms of this Lease which are Lease, except for damage occasioned by the act, act or omission or negligence of Tenant, 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 (collectively, "Tenant's Agents"), ’s Agents which shall be paid for entirely by Tenant, at any time and from time to time, Tenant upon receipt of demand by Landlord's demand to the extent not covered by any net insurance proceeds paid or payable to Landlord therefor. In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately give written notice thereof to Landlord Landlord, and Landlord shall not be obligated in any way to commence any such maintenance or repairs until within a reasonable time shall have elapsed after Landlord's ’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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 1 contract
Samples: Lease Agreement (Amber Road, Inc.)
Maintenance and Repair by Landlord. 4.1.1 Subject to the paragraphs captioned "Damage or Destruction" and "Condemnation", Landlord shall, shall endeavor to maintain the public and common areas of the Building 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 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 other treatment of interior walls, all of which need for such repairs. All repair costs shall be Tenant's responsibility to maintainincluded in Operating Costs, replace and repairexcept for (a) and the roof of the Leased Premises in good repair, ordinary wear and tear excepted. Any repairs required to be made by Landlord under this Lease which are damage occasioned by the act, act or omission or negligence of Tenant, 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 (collectively, "Tenant's Agents"), Agents which shall be paid for entirely by TenantTenant upon demand by Landlord, at any time and from time to time(b) damage occasioned by the act or omission of another tenant of the Building, upon receipt of Landlord's demand to the extent provided such other tenant does not covered by any net insurance proceeds paid or payable to Landlord therefordispute that it caused such damage. In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately give written notice thereof to Landlord Landlord, and Landlord shall not be obligated in any way to commence any such maintenance or repairs until a reasonable time shall have elapsed elapses after Landlord's receipt of such written notice. Notwithstanding .
4.1.2 Landlord shall not be liable by reason of any injury to or interference with Tenant/s business arising from the abovemaking of any repairs, because of alterations, additions or improvements in or to the sensitive nature of Premises or the Building or to any appurtenances or equipment therein; provided however, that Landlord agrees to use reasonable efforts to minimize any interference with Tenant's business and equipmentbusiness. The foregoing shall not require Landlord to pay overtime rates to make any such repairs, if Landlord does not repair roof leaks within five (5) business days alterations, additions or improvements. There shall be no abatement of written notice of such leaks from Tenant, then Tenant may make the repairs and shall invoice Landlord for the reasonable cost rent because of such repairs, which alterations, additions or improvements or because of any delay by Landlord will pay to Tenant within thirty (30) days of receipt of in making the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairssame.
Appears in 1 contract
Samples: Lease (United Bancshares Inc /Pa)
Maintenance and Repair by Landlord. 4.1.1 Subject to the Sections entitled “Damage or Destruction” and “Condemnation”, Landlord shallshall maintain the roof, structural elements, common building systems and equipment and the public and common areas of the Building 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 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 other treatment of interior walls, all of which need for such repairs. All repair costs shall be Tenant's responsibility to maintainincluded in Operating Costs unless expressly excluded in subsection 3.4.5 hereof, replace and repair) and the roof of the Leased Premises in good repair, ordinary wear and tear excepted. Any repairs required to be made by Landlord under this Lease which are except for damage occasioned by the act, act or omission or negligence of Tenant, 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 (collectively, "Tenant's Agents"), ’s Agents which shall be paid for entirely by Tenant, at any time and from time to time, Tenant upon receipt of demand by Landlord's demand to the extent not covered by any net insurance proceeds paid or payable to Landlord therefor. In the event that any or all of the Leased Premises should become becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately promptly give written notice thereof to Landlord Landlord, and Landlord shall not be obligated in any way to commence any such maintenance or repairs until a reasonable time shall have elapsed elapses after Landlord's ’s receipt of such written notice.
4.1.2 Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Premises or the Building or to any appurtenances or equipment therein. Notwithstanding Subject to the aboveforegoing, Landlord shall use commercially reasonable efforts to minimize any such injury or interference. Except as and to the extent expressly provided in subsection 3.5.3 hereof, there shall be no abatement of rent 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 alterations, additions or improvements or because of any delay by Landlord will pay in making the same.
4.1.3 During the Lease Term, Landlord shall furnish janitorial services to Tenant within thirty (30) days of receipt of the invoice and reasonably substantial evidence of completion of Premises on weekdays, other than Holidays, in accordance with the repairs. Notwithstanding anything contained hereinspecifications attached hereto as Exhibit I or such other specifications established by Landlord from time to time, Tenant shall use provided that the roof manufacturers' approved roof installation and repairs contractors only janitorial services provided for under such other specifications are comparable to perform any repairsthe janitorial services then being provided by landlords to tenants in similar office buildings in Boston, Massachusetts.
Appears in 1 contract
Maintenance and Repair by Landlord. A. Landlord shallshall maintain and repair the following:
(i) The Building (other than the Premises and premises of other tenants) including the entrance, subject to ---------------------------------- the provisions of Sections 14 lobbies, stairways, corridors, washrooms, landscaped areas, parking areas, and 17 hereof and so long as Tenant is not in default hereunder, keep the foundation, the exterior walls portions (except plate glass including windows, doors, door closure devicesfoundations and roofs) of all buildings and structures from time to time forming part of the Building and affecting its general appearance; the systems for interior climate control; the systems provided for bringing utilities to the Common Areas and the Premises; the elevators; and the other facilities from time to time provided for use in common by Tenant and other tenants of the Building; and
(ii) Defects in standard demising walls or in structural elements, window suspended ceiling, electrical and door frames, molding, locks mechanical installations standard to the Building installed by Landlord in the Premises (if and hardware and painting or other treatment of interior walls, all of which shall be to the extent that such defects are sufficient to impair Tenant's responsibility to maintain, replace and repairuse of the Premises) and casualty damage pursuant to Article 15.
B. Landlord shall not be liable for any failure to make repairs that are Landlord's responsibility herein until and unless Landlord is actually aware of the problem requiring repair and Landlord shall have had a reasonable time thereafter to make such repairs. Landlord reserves the right to the exclusive use of the roof and exterior walls of the Leased Building. If any portion of the Premises in good repair, ordinary wear and tear excepted. Any repairs required which Landlord is obligated to be made by Landlord under this Lease which are occasioned maintain or repair is damaged by the act, omission negligence or negligence willful actions or omissions of Tenant, or Tenant's its agents, employees, subtenantscontractors, licensees, or invitees, visitors, contractors, servants, customers then repairs or others acting, through replacements necessitated by or under Tenant or for or on behalf appropriate because of Tenant (collectively, "Tenant's Agents"), such damage shall be paid for by Tenant as additional rent upon demand by Landlord. Landlord shall in no event be required to make repairs to Leasehold Improvements made 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 on behalf 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 1 contract
Samples: Office Lease (Ebix Com Inc)
Maintenance and Repair by Landlord. Landlord shallshall maintain, subject to ---------------------------------- and repair the provisions following:
A. The Building (other than the Premises and premises of Sections 14 other tenants) including the entrance, lobbies, stairways, corridors and 17 hereof and so long as Tenant is not in default hereunderwashrooms, keep the foundationlandscaped areas, parking areas, the exterior walls portions (except plate glass including windows, doors, door closure devicesfoundations and roofs) of all buildings and structures from time to time forming part of the Building and affecting its general appearance; the systems for interior climate control; the systems provided for bringing utilities to the Common Areas and the Premises; the elevators and escalators (if any), window and door framesthe other facilities from time to time provided for use in common by Xxxxxx and other tenants of the Building and. Landlord reserves the right to stop the use of any of these facilities and the supply of the corresponding services when necessary by reason of accident or breakdown or during the making of repairs, moldingalterations or improvements, locks in the reasonable judgment of Landlord necessary or desirable to be made, until the repairs, alterations or improvements shall have been completed to the satisfaction of Landlord.
B. Defects in standard demising walls or in structural elements, exterior walls of the Building, suspended ceiling, electrical and hardware mechanical installations standard to the Building being installed by Landlord in the Premises (if and painting or other treatment to the extent that such defects are sufficient to impair Tenant’s use of interior walls, all of which shall be Tenant's responsibility to maintain, replace and repairthe Premises while using them in a manner consistent with this Lease) and the roof of the Leased Premises “Insured Damage” (as herein defined). Landlord shall in good repair, ordinary wear and tear excepted. Any repairs no event be required to be make repairs to Leasehold Improvements made by Landlord under this Lease which are occasioned by the act, omission or 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 by Landlord on behalf of Tenant (collectivelyor another tenant or to make repairs to wear and tear within the Premises.
C. Landlord shall be under no obligation and shall not be liable for any failure to make repairs that are Landlord’s responsibility herein until and unless Landlord is actually aware of the problem requiring repair or Tenant notifies Landlord in writing of the necessity therefore, "and in either event Landlord shall have a reasonable time thereafter to make such repairs. Landlord reserves the right to the exclusive use of thereof and exterior walls of the Building which Landlord is so obligated to maintain and repair. If any portion of the Premises which Landlord is obligated to maintain and repair is damaged by the negligence or willful actions or omissions of Tenant's Agents"), employees or invitees, then repairs necessitated by such damage shall be paid for 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 1 contract
Samples: Office Lease
Maintenance and Repair by Landlord. Landlord shallshall maintain, subject to ---------------------------------- and repair the provisions following:
A. The Building (other than the Premises and premises of Sections 14 other tenants) including the entrance, lobbies, stairways, corridors and 17 hereof and so long as Tenant is not in default hereunderwashrooms, keep the foundationlandscaped areas, parking areas, the exterior walls portions (except plate glass including windows, doors, door closure devicesfoundations and roofs) of all buildings and structures from time to time forming part of the Building and affecting its general appearance; the systems for interior climate control; the systems provided for bringing utilities to the Common Areas and the Premises; the elevators and escalators (if any), window and door framesthe other facilities from time to time provided for use in common by Tenant and other tenants of the Building and. Landlord reserves the right to stop the use of any of these facilities and the supply of the corresponding services when necessary by reason of accident or breakdown or during the making of repairs, moldingalterations or improvements, locks in the reasonable judgment of Landlord necessary or desirable to be made, until the repairs, alterations or improvements shall have been completed to the satisfaction of Landlord.
B. Defects in standard demising walls or in structural elements, exterior walls of the Building, suspended ceiling, electrical and hardware mechanical installations standard to the Building being installed by Landlord in the Premises (if and painting or other treatment to the extent that such defects are sufficient to impair Tenant’s use of interior walls, all of which shall be Tenant's responsibility to maintain, replace and repairthe Premises while using them in a manner consistent with this Lease) and the roof of the Leased Premises “Insured Damage” (as herein defined). Landlord shall in good repair, ordinary wear and tear excepted. Any repairs no event be required to be make repairs to Leasehold Improvements made by Landlord under this Lease which are occasioned by the act, omission or 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 by Landlord on behalf of Tenant (collectivelyor another tenant or to make repairs to wear and tear within the Premises.
C. Landlord shall be under no obligation and shall not be liable for any failure to make repairs that are Landlord’s responsibility herein until and unless Landlord is actually aware of the problem requiring repair, "or Tenant notifies Landlord in writing of the necessity therefor, and in either event Landlord shall have a reasonable time thereafter to make such repairs. Landlord reserves the right to the exclusive use of thereof and exterior walls of the Building which Landlord is so obligated to maintain and repair. If any portion of the Premises which Landlord is obligated to maintain and repair is damaged by the negligence or willful actions or omissions of Tenant's Agents"), employees or invitees, then repairs necessitated by such damage shall be paid for 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 1 contract
Samples: Office Lease Agreement
Maintenance and Repair by Landlord. 4.1.1 Subject to the paragraphs captioned "Damage or Destruction" and "Condemnation", Landlord shallshall endeavor to maintain the public and common areas of the Building, the roof, the floor slab, the structural elements of the Building and the Building systems in good order, repair and condition subject to ---------------------------------- reasonable wear and tear. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the provisions of Sections 14 and 17 hereof and so long as Tenant is not in default hereunderneed for such repairs. Upon request by Tenant, 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 other treatment of interior walls, all of which Landlord also shall be Tenant's responsibility to maintainresponsible for light bulb replacement in the Premises. All repair costs shall be included in Operating Costs, replace and repairexcept for (a) and the roof of the Leased Premises in good repair, ordinary wear and tear excepted. Any repairs required to be made by Landlord under this Lease which are damage occasioned by the act, act or omission or negligence of Tenant, Tenant or Tenant's agentsAgents, employees, subtenants, licensees, invitees, visitors, contractors, servants, customers or others acting, through or under Tenant or for or on behalf of Tenant (collectively, "Tenant's Agents"), which shall be paid for entirely by TenantTenant upon demand by Landlord, at any time and from time to time, upon receipt (b) damage occasioned by the act or omission of Landlord or Landlord's Agents, which shall be paid for entirely by Landlord, and (c) replacement of bulbs in non-standard building lighting fixtures, which shall be paid for entirely by Tenant upon demand to the extent not covered by any net insurance proceeds paid or payable to Landlord thereforLandlord. In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately give written notice thereof to Landlord Landlord, and Landlord shall not be obligated in any way to commence any such maintenance or repairs until a reasonable time shall have elapsed elapses after Landlord's receipt of such written notice. Notwithstanding .
4.1.2 Landlord shall not be liable by reason of any injury to or interference with Tenant/s business arising from the abovemaking of any repairs, because of alterations, additions or improvements in or to the sensitive nature of Premises or the Building or to any appurtenances or equipment therein; provided however, that Landlord agrees to use reasonable efforts to minimize any interference with Tenant's business and equipmentbusiness. The foregoing shall not require Landlord to pay overtime rates to make any such repairs, if Landlord does not repair roof leaks within five (5) business days alterations, additions or improvements. There shall be no abatement of written notice of such leaks from Tenant, then Tenant may make the repairs and shall invoice Landlord for the reasonable cost rent because of such repairs, alterations, additions or improvements or because of any delay by Landlord in making the same.
4.1.3 Subject to the terms and conditions hereof (including, without limitation, Paragraph 3.5.2) and the provision of applicable utility services to the Building by local utility companies, Landlord shall also furnish (a) automatic passenger elevators providing adequate service leading to the floor on which Landlord will pay the Premises are located; (b) janitorial services to Tenant within thirty the Premises in accordance with the cleaning specifications attached hereto as Exhibit I; (30iii) days of receipt hot and cold running water sufficient for drinking, lavatory, toilet and ordinary cleaning purposes; (iv) electric current in reasonable amounts for the Permitted Uses; (vi) extermination and pest control when reasonably necessary; and (vii) maintenance to the common areas of the invoice Building and reasonably substantial evidence the Land in a manner comparable to other first class office buildings in the greater Burlington, Massachusetts area including, but not limited to, HVAC, illumination, snow plowing, deicing, repairs, replacements, parking lot striping and resurfacing and landscaping. The costs of completion all such services shall be included in Operating Costs.
4.1.4 Landlord shall operate, or cause to be operated, a self bussing, cafeteria with food products and non-alcoholic beverages on the first floor of the repairsBuilding (the "Building Cafeteria") during the hours of 7:00 a.m. to 3:00 p.m. Monday through Friday (excluding holidays). Notwithstanding anything contained hereinThe Building Cafeteria shall have a minimum of fifty-four (54) seats. Landlord shall be solely responsible to provide, or cause to be provided, all equipment, supplies, food and other items required for the operation of the Building Cafeteria. The Building Cafeteria shall offer breakfast and lunch, and snack service. Menu offerings shall include, but not be limited to, soups, hot entrees, vegetables, made to order cold sandwiches, grilled items, pizza, pre-made salads, salad bar, desserts, hot deli items, and hot and cold beverages. The Building Cafeteria shall be operated, in all respects, in accordance with standards at least equal to those of other similar cafeterias located in first class office buildings in the greater Burlington, Massachusetts area. Tenant acknowledges that (a) there shall be no on-site cooking in the Building Cafeteria, (b) all hot entrees and other hot items will be prepared offsite at the cafeteria (the "Building 500 Cafeteria") located in the Park at 00 Xxxxxxxxx Xxxxx and that such items will be delivered to the Building Cafeteria and maintained therein in warmers.
4.1.5 In addition to the above-required Building Cafeteria service operations, Landlord shall cause the operator (the "Cafeteria Operator") of the Building Cafeteria and/or the Building 500 Cafeteria to provide catering services on a reservation or as ordered basis in accordance with standards that are consistent with a first class office building in the greater Burlington, Massachusetts area. Such catering services shall include (i) simple coffee services to full service dinners, (ii) coffee, muffins, bagels, and similar foods for breakfast, and sandwiches and drinks for lunch, (iii) limited pre-plated hot foods such as egg and breakfast meat sandwiches in the morning and hot entrees and sandwiches for the luncheon service, (iv) after hours functions, and (v) delivery and setup to Tenant's conference rooms and offices and retrieval and cleanup. Tenant shall use contract directly with the roof manufacturers' approved roof installation and repairs contractors only Cafeteria Operator to perform any repairsfurnish such services. Landlord shall have no liability or responsibility for the acts or omissions of the Cafeteria Operator.
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Samples: Gross Lease (Lightbridge Inc)
Maintenance and Repair by Landlord. 4.1.1 Subject to the paragraphs captioned “Damage or Destruction” and “Condemnation”, Landlord shallshall at all times maintain the public and common areas and facilities of the Building in reasonably good order and condition, subject to ---------------------------------- reasonable wear and tear, and in compliance with Governmental Requirements. Landlord also shall at all times maintain the provisions roof, foundations, structural walls and other structural elements of Sections 14 the Building, and 17 hereof all base building mechanical, plumbing, electrical and so long life safety systems in reasonably good order and condition and in compliance with Governmental Requirements. Landlord shall make such repairs thereto as Tenant is not become necessary after obtaining actual knowledge of the need for such repairs. Except as otherwise expressly provided 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 Section 3 or other treatment Section 4.21 of interior wallsthis Lease, all of which maintenance and repair costs shall be Tenant's responsibility to maintainincluded in Operating Costs, replace and repair) and the roof of the Leased Premises in good repair, ordinary wear and tear excepted. Any repairs required to be made by Landlord under this Lease which are except for damage occasioned by the act, act or omission or negligence of Tenant, 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 (collectively, "Tenant's Agents"), ’s Agents which shall be paid for entirely by Tenant, at any time and from time to time, Tenant upon receipt of demand by Landlord's demand to the extent not covered by any net insurance proceeds paid or payable to Landlord therefor. In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, upon its discovery thereof Tenant shall immediately promptly give written notice thereof to Landlord, and any failure to report such condition to Landlord shall excuse any delay by Landlord in commencing and completing such maintenance or repairs.
4.1.2 Landlord shall not be obligated liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Premises or the Building or to any way appurtenances or equipment therein unless due to commence any such repairs until a reasonable time the gross negligence or willful misconduct of Landlord or Landlord’s Agents. There shall have elapsed after Landlord's receipt be no abatement of such written notice. Notwithstanding the above, rent 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained hereinalterations, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairsadditions or improvements.
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Samples: Gross Lease (TNS Inc)
Maintenance and Repair by Landlord. Landlord shallshall be responsible for maintaining and repairing the Premises and all improvements located thereon; Tenant shall have no obligation to make any repairs, subject to ---------------------------------- perform any maintenance or improve or replace any portion of the provisions of Sections 14 and 17 hereof and so long Premises or any improvements now or hereafter located thereon, except as Tenant is not otherwise explicitly provided in default hereunder, this Lease. Landlord shall keep the foundationparking area in good repair and condition, including periodic re-blacktopping as necessary. Landlord shall furnish and pay for the upkeep, maintenance, repair, replacement and periodic servicing of the mechanical and electrical systems, the exterior walls fire sprinkler system, and overhead doors servicing the Premises. If Landlord fails to comply with the immediately preceding sentence, then Tenant may (except plate glass windowsbut without any obligation to do so) enter into service and maintenance contracts providing for the periodic inspection and servicing of such equipment and systems, doorsand if Tenant so elects, door closure devices, window Landlord shall reimburse Tenant for the cost and door frames, molding, locks and hardware and painting or other treatment of interior walls, all of which shall be Tenant's responsibility to maintain, replace and repair) and the roof expense of the Leased Premises in good repairservice, ordinary wear inspection and tear exceptedrepairs provided pursuant to such contracts. Any repairs required to be made by Landlord under this Lease which are occasioned by Notwithstanding the act, omission or 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 (collectively, "Tenant's Agents"), shall be paid for 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 hereunderforegoing, 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.work which would not be considered a capital expenditure under generally accepted accounting principles or the Internal Revenue Code if the useful life of the item in question would extend beyond the Lease Term unless Landlord pays its proportionate share
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Maintenance and Repair by Landlord. During the Term of this Lease, Landlord shallshall keep and maintain the roof, subject to ---------------------------------- the provisions of Sections 14 and 17 hereof and so long as Tenant is not in default hereunder, keep the foundation, the exterior walls (except excluding glass or plate glass windowsglass), doorsgutters, door closure devices, window and door frames, molding, locks downspouts of the Building in good condition and hardware and painting or other treatment of interior walls, all of which repair. Landlord shall be Tenantunder no obligation and shall not be liable for any failure to make repairs that are Landlord's responsibility as designated herein until and unless Tenant notifies Landlord in writing of the necessity therefor, and Landlord shall have a reasonable time after such notice to maintain, replace and repair) and make such repairs. Landlord reserves the right to the exclusive use of the roof and exterior walls of the Leased Building. If any portion of the Premises in good repair, ordinary wear and tear excepted. Any repairs required which Landlord is obligated to be made by Landlord under this Lease which are occasioned by maintain or repair is damaged through the act, omission fault or negligence of Tenant, or Tenant's its agents, employees, subtenants, licensees, or invitees, visitors, contractors, servants, customers or others acting, through or under Tenant or for or on behalf of Tenant (collectively, "Tenant's Agents"), then repairs necessitated by such damage shall be paid for by TenantTenant on Landlord's demand. Except for the obligations of Landlord under Section 18.02 (relating to the condition of the Premises), Section 9 (relating to destruction of the Premises) 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 the parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises nor the Building located thereon nor the equipment therein, whether structural or nonstructural, all of which obligations are intended to be that of Tenant under Section 18.01 hereof. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at any time and from time Landlord's expense or to time, upon receipt terminate this Lease because of Landlord's demand failure to keep 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 hereundergood order, Tenant shall immediately give written notice thereof to Landlord condition 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 of receipt of the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairs.
Appears in 1 contract
Maintenance and Repair by Landlord. 4.1.1 Subject to the Sections captioned “Damage or Destruction” and “Condemnation”, Landlord shallshall maintain, as part of Operating Costs to the extent permitted under Section 3.4 above, the structural elements of the Building, including foundation, exterior walls, roof structure and roof membranes, the mechanical base Building electrical, life safety, plumbing, elevator, sprinkler systems and heating, ventilating and air-conditioning and other systems and equipment serving the Premises (other than any supplemental systems or equipment installed by or at the request of Tenant that were not part of the base Building), and the public and common areas of the Building and the Project 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 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 other treatment of interior walls, all of which need for such repairs. All repair costs shall be Tenant's responsibility included in Operating Costs to maintainthe extent permitted by Section 3.4 above, replace and repair) and the roof of the Leased Premises in good repair, ordinary wear and tear excepted. Any repairs required to be made by Landlord under this Lease which are except for damage occasioned by the act, act or omission or negligence of Tenant, 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 (collectively, "Tenant's Agents"), ’s Agents which shall be paid for entirely by Tenant, at any time and from time Tenant within thirty (30) days of demand by Landlord (subject to time, upon receipt waiver of Landlord's demand to the extent not covered by any net insurance proceeds paid or payable to Landlord thereforsubrogation). In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately give written notice thereof to Landlord Landlord, and Landlord shall not be obligated in any way to commence any such maintenance or repairs until a reasonable time shall have elapsed elapses after Landlord's ’s receipt of such written notice. Notwithstanding anything to the contrary contained herein, Landlord shall cause the Project to be maintained and operated in a manner consistent with that of other Comparable Buildings.
4.1.2 Notwithstanding Section 4.1.1, above, because if Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which Landlord is required to provide pursuant to the express terms of this Lease, and Landlord fails to provide such required action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than twenty (20) days after receipt of such notice (except in the event of an emergency with an imminent threat to the health or safety of Tenant’s employees, then no later than five (5) Business Days), unless such repair would normally take longer and Landlord has diligently commenced said repair work within said twenty (20) day period (or five (5) Business Days in the event of an emergency with an imminent threat to the health or safety of Tenant’s employees), then Tenant may deliver to Landlord an additional five (5) Business Days’ written notice (or an additional 1 Business Day if there is an emergency with imminent threat to the health and safety of Tenant’s employees or of significant damage to person or property) specifying that Tenant will take such required action. If such action was required under the terms of this Lease to be taken by Landlord and was not taken by Landlord within such additional five (5) Business Day (or 1 Business Day, as applicable) period, then Tenant may take the action that was required of Landlord under this Lease and, if the cost of such repair or maintenance is expressly set forth as the responsibility of Landlord under this Lease, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant’s actual reasonable out-of-pocket costs paid to unaffiliated third parties in taking such action, plus a 5% administration fee. Subject to the last sentence of this paragraph, in the event Tenant takes such action, and such work may affect the Building systems or the structural integrity of the sensitive nature Building, Tenant shall use only those contractors used by Landlord in the Building for work on such Building systems or structure unless there is an emergency with imminent threat to the health and safety of Tenant's business ’s employees or of significant damage to person or property or if such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the services of any other qualified contractor which normally and equipmentregularly performs similar work in Class A buildings (subject to the last sentence of this Section 4.1.2) and who are reasonably approved by Landlord in writing. Further, if Landlord does not repair roof leaks within five (5) business days of deliver a 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 objection to Tenant within thirty (30) days of after receipt of a detailed written invoice by Tenant of its costs of taking action which Tenant claims should have been taken by Landlord, and if such invoice from Tenant sets forth a reasonably detailed particularized breakdown of its costs and expenses in connection with taking such action on behalf of Landlord, then Tenant may deliver a second written invoice of its costs of taking action which Tenant claims should have been taken by Landlord (with a reasonably detailed particularized breakdown of its costs and expenses in connection with taking such action on behalf of Landlord); if Landlord does not deliver a written objection to Tenant within ten (10) Business Days after receipt of such second written invoice, then Tenant shall be entitled to deduct from rent payable by Tenant under this Lease, the invoice amount set forth in such invoice. If, however, Landlord delivers to Tenant a written objection to the payment of such invoice, setting Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease or that the charges are excessive (in which case Landlord shall pay the amount it contends would not have been excessive), then Tenant shall not be entitled to such deduction from rent, but as Tenant’s sole and reasonably substantial evidence exclusive remedy, Tenant may proceed to claim a default by Landlord under this Lease (if any), provided that under no circumstances shall Tenant be allowed to terminate this Lease based upon any such default by Landlord. If, in connection with any such claimed default under the immediately preceding sentence, Tenant obtains a non-appealable final judgment from a court of completion of the repairscompetent jurisdiction, awarding damages to Tenant in connection therewith, then Tenant may deduct such final judgment against Base Rent next becoming due. Notwithstanding anything contained hereinto the contrary set forth in this Section 4.1, any work performed by or on behalf of Tenant under this Section 4.1.2 shall use be subject to Sections 4.4 and 4.5 of this Lease (and, without limiting this sentence, shall be subject to all of Landlord’s union labor requirements).
4.1.3 Tenant hereby waives the roof manufacturers' approved roof installation benefit of Sections 1941 and 1942 of the California Civil Code and any other statute providing a right to make repairs contractors only and deduct the cost thereof from the Rent. Tenant waives any right to perform terminate this Lease or offset or xxxxx Rent by reason of any repairsfailure of Landlord to make repairs to the Premises.
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Maintenance and Repair by Landlord. 4.1.1 Subject to the paragraphs captioned "Damage or Destruction" and "Condemnation", Landlord shallshall maintain the public and common areas of the Building in 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 provisions of Sections 14 and 17 hereof and so long as Tenant is not in default hereunderneed for such repairs. Upon request by Tenant, 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 other treatment of interior walls, all of which Landlord also shall be Tenant's responsibility to maintainresponsible for light bulb replacement in the Premises. All repair costs shall be included in Operating Costs, replace and repairexcept for (a) and the roof of the Leased Premises in good repair, ordinary wear and tear excepted. Any repairs required to be made by Landlord under this Lease which are damage occasioned by the act, act or omission or negligence of Tenant, Tenant or Tenant's agentsAgents, employees, subtenants, licensees, invitees, visitors, contractors, servants, customers or others acting, through or under Tenant or for or on behalf of Tenant (collectively, "Tenant's Agents"), which shall be paid for entirely by TenantTenant upon demand by Landlord, at any time and from time to time, upon receipt (b) damage occasioned by the act or omission of Landlord or Landlord's Agents, which shall be paid for entirely by Landlord, (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-standard building lighting fixtures, which shall be paid for entirely by Tenant upon demand to the extent not covered by any net insurance proceeds paid or payable to Landlord thereforLandlord. In the event that any or all of the Leased Premises should become Building becomes in need of repairs maintenance or repair which Landlord is required to be made by Landlord hereundermake under this Lease, Tenant shall immediately give written notice thereof to Landlord Landlord, and Landlord shall not be obligated in any way to commence any such maintenance or repairs until a reasonable time shall have elapsed elapses after Landlord's receipt of such written notice. Notwithstanding .
4.1.2 Landlord shall not be liable by reason of any injury to or interference with Tenant/s business arising from the abovemaking of any repairs, because of alterations, additions or improvements in or to the sensitive nature of Premises or the Building or to any appurtenances or equipment therein; provided however, that Landlord agrees to use reasonable efforts to minimize any interference with Tenant's business and equipmentbusiness. The foregoing shall not require Landlord to pay overtime rates to make any such repairs, if Landlord does not repair roof leaks within five (5) business days alterations, additions or improvements. There shall be no abatement of written notice of such leaks from Tenant, then Tenant may make the repairs and shall invoice Landlord for the reasonable cost rent because of such repairs, which alterations, additions or improvements or because of any delay by Landlord will pay in making the same.
4.1.3 Landlord shall have no obligation to Tenant within thirty (30) days of receipt of maintain or repair the invoice and reasonably substantial evidence of completion of the repairs. Notwithstanding anything contained herein, Tenant shall use the roof manufacturers' approved roof installation and repairs contractors only to perform any repairsFurniture.
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