Common use of Maintenance of Building Clause in Contracts

Maintenance of Building. Landlord shall maintain the Building (other than the Premises and the premises of other tenants of the Building) in good order and condition, except for ordinary wear and tear, damage by casualty or condemnation, or damage occasioned by the act or omission of Tenant or Tenant’s employees, agents, contractors, licensees or invitees, which damage shall be repaired by Landlord at Tenant’s expense. Landlord’s maintenance of, and provision of services to, the Building shall be performed in a manner consistent with that of comparable Class A office buildings in the San Francisco, California area. Landlord shall have the right in connection with its maintenance of the Building hereunder (i) to change the arrangement and/or location of any amenity, installation or improvement in the public entrances, stairways, corridors, elevators and elevator lobbies, and other public areas in the Building, and (ii) to utilize portions of the public areas in the Building from time to time for entertainment, displays, product shows, leasing of kiosks or such other uses that in Landlord’s reasonable judgment tend to attract the public, so long as such uses do not materially interfere with or impair Xxxxxx’s access to or use or occupancy of the Premises. Landlord shall not be in default under this Lease or liable for any damages directly or indirectly resulting from or incidental to, nor shall the rental reserved in this Lease be abated by reason of, Xxxxxxxx’s failure to make any repair or to perform any maintenance required to be made or performed by Landlord under this Section 8.1, unless such failure shall persist for an unreasonable time after written notice of the need for such repair or maintenance is given to Landlord by Tenant; provided, however, that Landlord shall be liable to Tenant for actual, out of pocket, costs or expenses incurred by Tenant as a direct result of Landlord’s failure to cause the ground floor lobby, shared lobbies on Floors occupied by Tenant or elevators of the Building to comply with laws which are immediately applicable to, and enforceable against, the Building (subject to Landlord’s reasonable right of contest of such laws).

Maintenance of Building. Further, each Tenant shall provide for their own garbage pick-up and the daily sweeping of the sidewalk (if applicable) directly in front of their units. Landlord shall maintain keep the Building (other than the Premises foundation, four outer walls and the premises of other tenants roof, of the Building) demised Premises in good order and conditionrepair, except for ordinary wear and tear, damage by casualty or condemnation, or damage the Landlord shall not be called on to make any such repairs occasioned by the act or omission negligence of Tenant Tenant, its agents, or Tenant’s employees, agents, contractors, licensees or invitees, which damage shall be repaired by except to the extent that Landlord at Tenant’s expense. Landlord’s maintenance of, and provision is reimbursed therefor under any policy of services to, the Building shall be performed insurance permitting waiver of subrogation in a manner consistent with that advance of comparable Class A office buildings in the San Francisco, California area. Landlord shall have the right in connection with its maintenance of the Building hereunder (i) to change the arrangement and/or location of any amenity, installation or improvement in the public entrances, stairways, corridors, elevators and elevator lobbies, and other public areas in the Building, and (ii) to utilize portions of the public areas in the Building from time to time for entertainment, displays, product shows, leasing of kiosks or such other uses that in Landlord’s reasonable judgment tend to attract the public, so long as such uses do not materially interfere with or impair Xxxxxx’s access to or use or occupancy of the Premisesloss. Landlord shall not be in default under this Lease or liable for any damages directly or indirectly resulting from or incidental to, nor shall the rental reserved in this Lease be abated by reason of, Xxxxxxxx’s failure called upon to make any other improvements or repairs of any kind upon said Premises. The inside of said Premises, including all mechanical equipment, shall at all times be kept in good order, condition and repair by Tenant, and said Premises shall also be kept in a clean sanitary and safe condition in accordance with the laws of the State of Delaware, and in accordance with all direction, rules and regulations of the Health Officer, Fire Marshal, Building Inspector or other proper officers of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant, and Tenant shall comply with all requirements of law, ordinance and otherwise, touching said Premises. Tenant shall permit no waste, damage or injury to perform said Premises, and Tenant shall at its own expense replace any maintenance glass windows and doors on the Premises which may be broken. At the expiration of the tenancy created hereunder, Tenant shall surrender the Premises in good condition, reasonable wear and tear, loss by fire or other unavoidable casualty, excepted. Notwithstanding anything in this Article contained, there shall be no obligation on the part of Tenant to comply with any of the laws, directions, rules and regulations referred to which may require structural alterations, structural changes, structural repairs or structural additions, unless made necessary by act or work performed by Tenant, in which event Tenant shall comply at its expense. If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith. All repairs or performed by Landlord under this Section 8.1improvements including doors, unless such failure shall persist for an unreasonable time after written notice windows, etc., will be of the need quality equal to the original. If the Tenant defaults in making such repairs and improvements, the Landlord may, but is not required to make such repairs and improvements for Tenant's account and the cost thereof shall constitute and be collectable as addition rent. If Tenant refuses or neglects to commence such repair repairs and complete the same with reasonable dispatch, Landlord may make or maintenance is given cause such repairs to Landlord by Tenant; providedbe made, however, that Landlord and shall not be liable responsible to Tenant for actual, out of pocket, costs any loss or expenses incurred damage that may accrue to its stock or business by Tenant as a direct result of Landlord’s failure to cause the ground floor lobby, shared lobbies on Floors occupied by Tenant or elevators of the Building to comply with laws which are immediately applicable toreason thereof, and enforceable againstif Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand pay to Landlord the Building cost thereof with interest at eighteen (subject to Landlord’s reasonable right of contest of 18%) percent per annum, and if he shall default in such laws)payment, Landlord shall have the remedies provided in Paragraph 24 hereof. Landlord acknowledges that plumbing, electric, heating, venting and air conditioning are in proper working order.

Maintenance of Building. Landlord shall maintain the Building (other than the Premises and the premises of other tenants of the Building) in good order and condition, except for ordinary wear and tear, damage by casualty or condemnation, or damage occasioned by the act or omission of Tenant or Tenant’s employees, agents, contractors, licensees or invitees, which damage shall be repaired by Landlord at Tenant’s expense. Landlord’s maintenance of, and provision of services to, the Building shall be performed in a manner consistent with that of comparable Class A office buildings in the San Francisco, California area. Landlord shall have the right in connection with its maintenance of the Building hereunder (i) to change the arrangement and/or location of any amenity, installation or improvement in the public entrances, stairways, . corridors, elevators and elevator lobbies, and other public areas in the Building, and (ii) to utilize portions of the public areas in the Building from time to time for entertainment, displays, product shows, leasing of kiosks or such other uses that in Landlord’s reasonable judgment tend to attract the public, so long as such uses do not materially interfere with or impair XxxxxxTenant’s access to or use or occupancy of the Premises. Landlord shall not be in default under this Lease or liable for any damages directly or indirectly resulting from or incidental to, nor shall the rental reserved in this Lease be abated by reason of, XxxxxxxxLandlord’s failure to make any repair or to perform any maintenance required to be made or performed by Landlord under this Section 8.1, unless such failure shall persist for an unreasonable time after written notice of the need for such repair or maintenance is given to Landlord by Tenant; provided, however, that Landlord shall be liable to Tenant for actual, out of pocket, costs or expenses incurred by Tenant as a direct result of Landlord’s failure to cause the ground floor lobby, shared lobbies on Floors occupied by Tenant or elevators of the Building to comply with laws which are immediately applicable to, and enforceable against, the Building (subject to Landlord’s reasonable right of contest of such laws).

Maintenance of Building. Landlord shall maintain the Building (other than the Premises and the premises of other tenants of the Building) in good order and condition, except for ordinary wear and tear, damage by casualty or condemnation, or damage occasioned by the act or omission of Tenant or Tenant’s employees, agents, contractors, licensees or invitees, which damage shall be repaired by Landlord at Tenant’s expense. Landlord’s maintenance of, and provision of services to, the Building shall be performed in a manner consistent with that of comparable Class A office buildings in the San Francisco, California area. Landlord shall have the right in connection with its maintenance of the Building hereunder (i) to change the arrangement and/or location of any amenity, installation or improvement in the public entrances, stairways, corridors, elevators and elevator lobbieslobbies (if any), and other public areas in the Building, and (ii) to utilize portions of the public areas in the Building from time to time for entertainment, displays, product shows, leasing of kiosks or such other uses that in Landlord’s reasonable judgment tend to attract the public, so long as such uses do not materially interfere with or impair XxxxxxTenant’s access to or use or occupancy of the Premises. Landlord shall not be in default under this Lease or liable for any damages directly or indirectly resulting from or incidental to, nor shall the rental reserved in this Lease be abated by reason of, XxxxxxxxLandlord’s failure to make any repair or to perform any maintenance required to be made or performed by Landlord under this Section 8.1, unless such failure shall persist for an unreasonable time after written notice of the need for such repair or maintenance is given to Landlord by Tenant; provided, however, that Landlord shall be liable to Tenant for actual, out of pocket, costs or expenses incurred by Tenant as a direct result of Landlord’s failure to cause the ground floor lobby, shared lobbies on Floors occupied by Tenant or elevators of the Building to comply with laws which are immediately applicable to, and enforceable against, the Building (subject to Landlord’s reasonable right of contest of such laws).

Maintenance of Building. Except as provided in Section 9, Landlord shall maintain the Building (other than the Premises and the premises of other tenants of the Building) in good order and condition, except for ordinary wear and tear, damage by casualty or condemnation, or damage occasioned by the act or omission of Tenant or Tenant’s 's employees, agents, contractors, licensees or invitees, which damage by Tenant or Tenant's employees, agents, contractors, licensees or invitees shall be repaired by Landlord at Tenant’s 's expense. Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) to the roof or the structural portions of the Building, (b) which could be treated as a "capital expenditure" under generally accepted accounting principles, (c) to the heating, ventilating, air conditioning, electrical, fire and life safety, water, sewer, and plumbing systems serving the Premises and the Building, (d) to any exterior or other portion of the Land outside of the demising walls of the Premises, (e) due to negligent acts or omissions of Landlord or (f) for which Landlord has a right of reimbursement. Notwithstanding the foregoing, Tenant shall pay for its share of the repairs described above to the extent such costs are properly included in Operating Expenses. Landlord’s 's maintenance of, and provision of services to, the Building shall be performed in a manner consistent with that of comparable Class A office buildings in the San Francisco, California area. Landlord shall have the right in connection with its maintenance of the Building hereunder (i) to change the arrangement and/or location of any amenity, installation or improvement in the public entrances, stairways, corridors, elevators and elevator lobbies, and other public areas in the Building, and (ii) to utilize portions of the public areas in the Building from time to time for entertainment, displays, product shows, leasing of kiosks or such other uses that in Landlord’s reasonable judgment tend to attract the public, so long as such uses do not materially interfere with or impair Xxxxxx’s access to or use or occupancy of the Premises. Landlord shall not be in default under this Lease or liable for any damages directly or indirectly resulting from or incidental to, nor shall the rental reserved in this Lease be abated by reason of, Xxxxxxxx’s Landlord's failure to make any repair or to perform any maintenance required to be made or performed by Landlord under this Section 8.1, except as otherwise provided in Section 20.6 or unless such failure shall persist for an unreasonable time after written notice of the need for such repair or maintenance is given to Landlord by Tenant; provided, however, that Landlord shall be liable only to Tenant for actual, out of pocket, costs or expenses incurred by Tenant as a direct result of Landlord’s 's failure to cause the ground floor lobby, shared lobbies on Floors occupied by Tenant lobby or elevators of the Building to comply with laws which are immediately applicable to, and enforceable against, the Building (subject to Landlord’s 's reasonable right of contest of such laws).

Maintenance of Building. Landlord shall maintain the Building (other than the Premises and the premises of other tenants of the Building) in good order and condition, except for ordinary wear and tear, damage by casualty or condemnation, or damage occasioned by the act or omission of Tenant or Tenant’s 's employees, agents, contractors, licensees or invitees, which damage shall be repaired by Landlord at Tenant’s 's expense. Landlord’s 's maintenance of, and provision of services to, the Building shall be performed in a manner consistent with that of comparable Class A office buildings in the San Francisco, California area. Landlord shall have the right in connection with its maintenance of the Building hereunder (i) to change the arrangement and/or location of any amenity, installation or improvement in the public entrances, stairways, corridors, elevators and elevator lobbies, and other public areas in the Building, and (ii) to utilize portions of the public areas in the Building from time to time for entertainment, displays, product shows, leasing of kiosks or such other uses that in Landlord’s 's reasonable judgment tend to attract the public, so long as such uses do not materially interfere with or impair Xxxxxx’s Tenant's access to or use or occupancy of the Premises. Landlord shall not be in default under this Lease or liable for any damages directly or indirectly resulting from or incidental to, nor shall the rental reserved in this Lease be abated by reason of, Xxxxxxxx’s failure Landxxxx'x xailure to make any repair or to perform any maintenance required to be made or performed by Landlord under this Section 8.1, unless such failure shall persist for an unreasonable time after written notice of the need for such repair or maintenance is given to Landlord by Tenant; provided, however, that Landlord shall be liable to Tenant for actual, out of pocket, costs or expenses incurred by Tenant as a direct result of Landlord’s failure to cause the ground floor lobby, shared lobbies on Floors occupied by Tenant or elevators of the Building to comply with laws which are immediately applicable to, and enforceable against, the Building (subject to Landlord’s reasonable right of contest of such laws).

Maintenance of Building. Except as provided in Section 9, Landlord shall maintain the Building (other than the Premises and the premises of other tenants of the Building) in good order and condition, except for ordinary wear and tear, damage by casualty or condemnation, or damage occasioned by the act or omission of Tenant or Tenant’s 's employees, agents, contractors, licensees or invitees, which damage by Tenant or Tenant's employees, agents, contractors, licensees or invitees shall be repaired by Landlord at Tenant’s 's expense. Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) to the roof or the structural portions of the Building, (b) which could be treated as a "capital expenditure" under generally accepted accounting principles, (c) to the heating, ventilating, air conditioning, electrical, fire and life safety, water, sewer, and plumbing systems serving the Premises and the Building, (d) to any exterior or other portion of the Land outside of the demising walls of the Premises, (e) due to negligent acts or omissions of Landlord or (f) for which Landlord has a right of reimbursement. Notwithstanding the foregoing, Tenant shall pay for its share of the repairs described above to the extent such costs are properly included in Operating Expenses.Landlord’s 's maintenance of, and provision of services to, the Building shall be performed in a manner consistent with that of comparable Class A office buildings in the San Francisco, California area. Landlord shall have the right in connection with its maintenance of the Building hereunder (i) to change the arrangement and/or location of any amenity, installation or improvement in the public entrances, stairways, corridors, elevators and elevator lobbies, and other public areas in the Building, and (ii) to utilize portions of the public areas in the Building from time to time for entertainment, displays, product shows, leasing of kiosks or such other uses that in Landlord’s reasonable judgment tend to attract the public, so long as such uses do not materially interfere with or impair Xxxxxx’s access to or use or occupancy of the Premises. Landlord shall not be in default under this Lease or liable for any damages directly or indirectly resulting from or incidental to, nor shall the rental reserved in this Lease be abated by reason of, Xxxxxxxx’s Landlord's failure to make any repair or to perform any maintenance required to be made or performed by Landlord under this Section 8.1, except as otherwise provided in Section 20.6 or unless such failure shall persist for 15 an unreasonable time after written notice of the need for such repair or maintenance is given to Landlord by Tenant; provided, however, that Landlord shall be liable only to Tenant for actual, out of pocket, costs or expenses incurred by Tenant as a direct result of Landlord’s 's failure to cause the ground floor lobby, shared lobbies on Floors occupied by Tenant lobby or elevators of the Building to comply with laws which are immediately applicable to, and enforceable against, the Building (subject to Landlord’s 's reasonable right of contest of such laws).