Common use of OBLIGATIONS OF LANDLORD Clause in Contracts

OBLIGATIONS OF LANDLORD. Landlord shall maintain and repair the Property Common Areas and keep them in good condition, ordinary wear and tear and any periods of restoration or replacement excepted. With respect to Utilities provided by Landlord pursuant to Section 9.1(a) (if any) and Conveyable On-Premises Backbone Infrastructure following conveyance of title to the Government, the Parties agree that Landlord’s obligations under this Section 10.1 extend to, but exclude, the Points of Connection (or with respect to such Utilities or such Conveyable On-Premises Backbone Infrastructure for which there is no Point of Connection, the boundary of the Premises). Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for thirty (30) days after Tenant gives such written notice to Landlord; provided, however, such thirty (30) day period shall be extended so long as Landlord commences the maintenance or repairs within the thirty (30) day period and diligently completes the same. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. If Landlord is unable to perform any agreed upon repairs or replacements in a timely manner (whether as a consequence of the lack of funding therefor or otherwise), Landlord shall so notify Tenant and, following the agreement between Landlord and Tenant on the scope and cost of such work, Tenant shall have the right to perform such work. Upon completion of such work, Tenant shall provide Landlord with invoices or other reasonably satisfactory evidence of the actual cost of such work, and Landlord shall accept such amount as a credit against Base Rent next owing hereunder. Any damage to any part of the Property that is caused by Tenant, the Master Developer or their respective Related Entities shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such repairs incurred by Landlord. Any damage to any part of the Premises that is caused by Landlord or its employees or contractors shall be repaired by Landlord or such contractors at no cost to Tenant.

OBLIGATIONS OF LANDLORD. Landlord shall, at Landlord’s sole cost and expense and at all times, keep all structural portions of the building foundation, structural portions of the exterior walls, structural portions of the roof, the roof membrane, and subsurface plumbing (as it relates to structural maintenance or repair), during the Term and all renewals thereof in good working order, condition and repair. Landlord shall maintain be responsible for causing the parking areas and repair driveways of the Property Common Areas Premises to be swept periodically, and keep them in good conditionfor the maintenance of exterior landscaping, ordinary wear and tear and any periods of restoration or replacement excepted. With respect subject to Utilities provided by Landlord reimbursement for the cost thereof pursuant to Section 9.1(a) (if any) and Conveyable On3.1(b). Landlord slurry-Premises Backbone Infrastructure following conveyance coated a portion of title the parking area adjacent to the GovernmentPremises approximately two and one-half (2 1/2) years ago. Landlord will slurry-coat the remainder of such parking area (consisting of the rear of the parking area extending from approximately the back edge of the building in which the Premises is located to the rear boundary line of the parcel on which the Premises is located) within a reasonable time after the Commencement Date, weather permitting, and the cost thereof shall not be included as an Operating Expense. Additional costs to maintain or repair such parking areas shall be included as Operating Expenses. The foregoing obligations of Landlord shall not diminish or otherwise affect Tenant’s duty to maintain the non-structural portions of the Premises pursuant to Section 6.1(a). Landlord’s repairs will be at least equal in quality and workmanship to the original work and Landlord will make the repairs in accordance with all laws. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Notwithstanding the foregoing, Landlord agrees to use commercially reasonable efforts to perform repairs, improvements or alterations in such a manner as to minimize the inconvenience to Tenant’s business within the Premises. It is the intention of the Landlord and Tenant that the terms of this Lease govern the respective obligations of the Parties agree that Landlord’s obligations under this Section 10.1 extend to, but exclude, the Points of Connection (or with respect as to such Utilities or such Conveyable On-Premises Backbone Infrastructure for which there is no Point of Connection, the boundary maintenance and repair of the Premises). Tenant shall give and Landlord expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to, or which affords Tenant the right to make repairs at the expense of Landlord or to terminate this Lease by reason of, any needed repairs, provided that, in an emergency, Tenant may make any repairs reasonably necessary to prevent damage to persons or property and be reimbursed the reasonable cost thereof by Landlord to the extent the same is not an Operating Expense or other expense that Tenant would be required to pay under this Lease. On the event Landlord fails to reimburse Tenant for such costs incurred by Tenant within ten (10) Business Days after Landlord’s receipt of written notice from Tenant, together with supporting invoices and evidence of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for thirty (30) days after Tenant gives such written notice to Landlord; provided, however, such thirty (30) day period shall be extended so long as Landlord commences the maintenance or repairs within the thirty (30) day period and diligently completes the same. LandlordTenant’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. If Landlord is unable to perform any agreed upon repairs or replacements in a timely manner (whether as a consequence of the lack of funding therefor or otherwise), Landlord shall so notify Tenant and, following the agreement between Landlord and Tenant on the scope and cost of such workpayment thereof, Tenant shall have the right to perform offset such work. Upon completion of such work, Tenant shall provide Landlord with invoices or other reasonably satisfactory evidence of the actual cost of such work, and Landlord shall accept such amount as a credit costs against Base Rent rent next owing hereunder. Any damage to any part of the Property that is caused by Tenant, the Master Developer or their respective Related Entities shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such repairs incurred by Landlord. Any damage to any part of the Premises that is caused by Landlord or its employees or contractors shall be repaired by Landlord or such contractors at no cost to Tenantdue under this Lease.

OBLIGATIONS OF LANDLORD. A. Landlord's Maintenance and Repair Obligations. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises or the Project during the term of this Lease except as are specifically set forth in this Section or elsewhere in this Lease. Landlord shall maintain only the roof, foundation, parking areas, and repair Common Areas, and the Property Common Areas structural soundness of the exterior walls and keep them other structures within the Project, provided, that Landlord's cost of maintaining, replacing and repairing the items set forth in good condition, ordinary wear and tear and any periods this Section shall be included within the definition of restoration or replacement excepted. With respect to Utilities provided by Landlord Operating Expenses pursuant to Section 9.1(a) (if any) and Conveyable On-Premises Backbone Infrastructure following conveyance 7 of title to the Government, the Parties agree that Landlord’s obligations under this Section 10.1 extend to, but exclude, the Points of Connection (or with respect to such Utilities or such Conveyable On-Premises Backbone Infrastructure for which there is no Point of Connection, the boundary of the Premises)Lease. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any failure damage or inconvenience, and Tenant shall not be entitled to do so unless such failure continues for any abatement or reduction of Rent by reason of any repairs, alterations or additions made by Landlord under this Lease; provided, however, if Landlord fails to complete its obligations within thirty (30) days after Tenant gives such written notice to Landlord; providedfrom Tenant, however, or a reasonable amount of time if the nature of the obligation is such that it cannot be performed within thirty (30) day period shall be extended so long as Landlord commences the maintenance or repairs within the thirty (30) day period and diligently completes the same. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. If Landlord is unable to perform any agreed upon repairs or replacements in a timely manner (whether as a consequence of the lack of funding therefor or otherwise), Landlord shall so notify Tenant and, following the agreement between Landlord and Tenant on the scope and cost of such workdays, Tenant shall have the right to perform complete such workrepair or replacement and deduct the costs from the rent payable hereunder, subject to the "Maximum Offset Amount" (defined herein). Upon completion of such workNotwithstanding anything contained in this Lease to the contrary, Tenant shall provide Landlord with invoices or other reasonably satisfactory evidence not deduct more than fifty percent (50%) of the actual cost of such work, and Landlord shall accept such amount as a credit against Base Rent next owing hereunder. Any damage from any monthly installment of Base Rent if there are sufficient months remaining in the term of this Lease within which to any part of fully recover the Property that is caused by Tenant, the Master Developer or their respective Related Entities shall be repaired amount owed by Landlord at Tenant’s expense and Tenant shall pay to Landlord, as Additional Rent, (the reasonable cost of such repairs incurred by Landlord. Any damage to any part of the Premises that is caused by Landlord or its employees or contractors shall be repaired by Landlord or such contractors at no cost to Tenant"Maximum Offset Amount").

OBLIGATIONS OF LANDLORD. 12.A. Landlord’s Work. Landlord will complete the interior improvements to Suite 120 described on EXHIBIT C attached hereto (“Landlord’s Work”) and shall maintain deliver Suite 120 to Tenant on the Commencement Date. Any changes or modifications to Landlord’s Work shall be made and repair the Property Common Areas and keep them in good condition, ordinary wear and tear and any periods of restoration accepted by written change orders or replacement excepted. With respect to Utilities provided agreement signed by Landlord pursuant and Tenant and shall constitute an amendment to Section 9.1(a) this Lease (if any) and Conveyable On-Premises Backbone Infrastructure following conveyance of title to the Government, the Parties agree that Landlord’s obligations under this Section 10.1 extend to, but exclude, the Points of Connection (or with respect to such Utilities or such Conveyable On-Premises Backbone Infrastructure for which there is no Point of Connection, the boundary of the Premises“Change Orders”). In addition, Tenant shall give Landlord reimburse Landlord, within ten (10) business days after written notice request, for the cost of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for Change Orders. Within thirty (30) days after the Commencement Date, Tenant gives shall prepare and deliver to Landlord a detailed written list setting forth any deviations or deficiencies in Landlord’s Work discovered by Txxxxx (herein, “Punchlist Items”). Landlord shall correct or cure such Punchlist Items within thirty (30) days after receipt of written notice to Landlordof such Punchlist Items; provided, however, that if the nature of the Punchlist Items is such that it cannot be corrected or cured within thirty (30) day period days, then Landlord shall be extended so long as have an additional reasonable amount of time within which to correct or cure the pertinent Punchlist Item(s). Tenant’s failure to deliver written notice to Landlord commences specifying the maintenance or repairs Punchlist Items within the thirty (30) day period following the Commencement Date shall be construed as Tenant’s acceptance of (i) the condition of the Premises and diligently completes Building, and (ii) the same. performance of Landlord’s liability with respect obligations under this Lease regarding completion of Landlord’s Work; provided, however, that this provision shall not apply to any maintenance or repair for which Landlord is responsible shall be limited latent defects discovered by Tenant after said thirty (30) day period. Notwithstanding anything to the cost contrary in this Lease, effective upon delivery of the maintenance or repair. If Premises to Tenant, Landlord is unable to perform any agreed upon repairs or replacements does hereby warrant that (a) the construction of Landlord’s Work was performed in accordance with all applicable rules, regulations, codes, statutes, ordinances and laws of all governmental and quasi-governmental authorities, and in accordance with EXHIBIT C and in a timely manner good and wxxxxxx-like manner, (whether b) all material and equipment installed therein conformed to EXHIBIT C and was new and otherwise of good quality, (c) Landlord certifies that all electrical, plumbing, and mechanical systems servicing the Premises will be in working order and good condition as a consequence of the lack of funding therefor or otherwise)Commencement Date, and if Tenant identifies defects in the systems described in the foregoing clause (c) within one (1) year after the Commencement Date, Landlord shall so notify Tenant and, promptly repair such defects at its sole cost and expense (and not as an Operating Expense); provided however following the agreement between Landlord and Tenant on the scope and cost any full replacement of such work, Tenant shall have the right to perform such work. Upon completion of such work, Tenant shall provide Landlord with invoices or other reasonably satisfactory evidence any component of the actual cost of such work, and Landlord shall accept such amount as a credit against Base Rent next owing hereunder. Any damage to any part of the Property that is caused by Tenant, the Master Developer or their respective Related Entities HVAC system during this one-year period all future repairs and/or replacements shall be repaired governed by Landlord at Tenant’s expense and Tenant shall pay to Landlordthe provisions of Section 11.F or Section 12.B, as Additional Rent, the reasonable cost of such repairs incurred by Landlord. Any damage to any part of the Premises that is caused by Landlord or its employees or contractors shall be repaired by Landlord or such contractors at no cost to Tenantapplicable.

OBLIGATIONS OF LANDLORD. Landlord shall maintain and repair the Property Common Areas and keep them in good condition, ordinary wear and tear and any periods of restoration or replacement excepted. With respect to Utilities provided by Landlord pursuant to Section 9.1(a) (if any) and Conveyable On-Premises Backbone Infrastructure following conveyance of title to the Government, the Parties agree that LandlordXxxxxxxx’s obligations under this Section 10.1 extend to, but exclude, the Points of Connection (or with respect to such Utilities or such Conveyable On-Premises Backbone Infrastructure for which there is no Point of Connection, the boundary of the Premises). Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for thirty (30) days after Tenant Xxxxxx gives such written notice to Landlord; provided, however, such thirty (30) day period shall be extended so long as Landlord commences the maintenance or repairs within the thirty (30) day period and diligently completes the same. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. If Landlord is unable to perform any agreed upon repairs or replacements in a timely manner (whether as a consequence of the lack of funding therefor or otherwise), Landlord shall so notify Tenant and, following the agreement between Landlord and Tenant on the scope and cost of such work, Tenant shall have the right to perform such work. Upon completion of such work, Tenant shall provide Landlord with invoices or other reasonably satisfactory evidence of the actual cost of such work, and Landlord shall accept such amount as a credit against Base Rent next owing hereunder. Any damage to any part of the Property that is caused by Tenant, the Master Developer or their respective Related Entities shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such repairs incurred by Landlord. Any damage to any part of the Premises that is caused by Landlord or its employees or contractors shall be repaired by Landlord or such contractors at no cost to Tenant.

OBLIGATIONS OF LANDLORD. Landlord shall maintain and repair the Property Common Areas and keep them in good condition, ordinary wear and tear and any periods of restoration or replacement excepted. With respect to Utilities provided by Landlord pursuant to Section 9.1(a) (if any) and Conveyable On-Premises Backbone Infrastructure following conveyance of title to the Governmentfoundations, the Parties agree that Landlord’s obligations under this Section 10.1 extend to, but exclude, the Points of Connection (or with respect to such Utilities or such Conveyable On-Premises Backbone Infrastructure for which there is no Point of Connection, the boundary roof and all other structural aspects of the Premises), unless such repair or maintenance is required as a result of Tenant's negligence, in which case Landlord is only required to maintain and repair to the extent the costs of such maintenance and repair are covered by insurance proceeds received by Landlord therefor. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, but in no event more than twenty-four (24) hours in the event of an emergency and Landlord shall not be liable for any failure to do so unless such failure continues for no more than thirty (30) days after Tenant gives such written notice to Landlord; providedin other cases, however, such thirty (30) day period shall be extended so long as unless Landlord commences the such maintenance or repairs repair within the thirty (30) such thirty-day period period, and thereafter diligently completes the sameprosecutes such maintenance or repair to completion. Landlord’s liability with respect If Landlord fails to perform any maintenance or repair make any repairs for which Landlord is responsible shall be limited to the cost of the maintenance or repair. If Landlord is unable to perform any agreed upon repairs or replacements in a timely manner (whether as a consequence of the lack of funding therefor or otherwise), Landlord shall so notify Tenant and, following the agreement between Landlord and Tenant on the scope and cost of within such worktime periods, Tenant shall have the right to perform such workmaintenance or make such repairs at Landlord's expense. Upon completion Landlord shall reimburse Tenant within fifteen (15) days after receipt of an invoice from Tenant for all expenses incurred by Tenant in performing such workmaintenance or making such repair, plus interest thereon at the rate of ten percent (10%) per annum ("Interest Rate") from the date incurred to the date paid, and if Landlord fails to do so, Tenant shall provide Landlord with invoices or other reasonably satisfactory evidence have the right to deduct such expenses from the next installment(s) of the actual cost rent coming due hereunder. Except as expressly provided in this Lease, Tenant waives its right under any statute to make repairs at Landlord's expense or to terminate this Lease because of such workLandlord's failure to keep the Premises in good order, condition and repair. Except as expressly provided in this Lease, Tenant waives its rights under Arizona Revised Statutes Section 33-343 with respect to Landlord's obligations for tenantability of the Premises, and Landlord shall accept such amount as a credit against Base Rent next owing hereunderTenant's right to cease paying rent and terminate the Lease. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenantthe negligence or willful misconduct of Tenant or any agent, the Master Developer officer, employee, contractor, licensee or their respective Related Entities invitee of Tenant shall be repaired by Landlord at Tenant’s expense 's expense, and Tenant shall pay to Landlord, immediately upon billing by Landlord, as Additional Rentadditional rent, the reasonable cost of such repairs incurred by Landlord. Any damage to Landlord plus interest thereon at the Interest Rate less any part amounts of the Premises that is caused insurance proceeds received by Landlord or its employees or contractors shall be repaired by Landlord or such contractors at no cost to Tenanttherefor.

OBLIGATIONS OF LANDLORD. Landlord So long as a default on the part of Sublessee shall maintain and repair not be continuing, Sublessee shall be entitled to receive all services to be rendered to Sublessor under the Property Common Areas and keep them in good condition, ordinary wear and tear and any periods of restoration or replacement excepted. With respect to Utilities provided by Landlord pursuant to Section 9.1(a) (if any) and Conveyable On-Premises Backbone Infrastructure following conveyance of title Lease insofar as such services pertain to the GovernmentSublease Premises or to the Sublessor’s use thereof or the conduct of the activities or operations therein or in the common areas of the Building and shall be entitled to the benefit of all rights to be afforded to Sublessor under the Lease insofar as such rights pertain to the Sublease Premises or to the use thereof or the conduct of the activities or operations therein or in the common areas of the Building. Except as otherwise specified herein (e.g., the Parties agree that Landlord’s obligations under this Section 10.1 extend to, but exclude, the Points of Connection (or with respect to such Utilities or such Conveyable On-Premises Backbone Infrastructure for which there is no Point of Connection, the boundary of the Premises). Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord fact that Sublessee shall not be liable responsible for paying for “Operating Expenses” under the Lease), Sublessee shall be responsible for all charges relating thereto as provided in the Lease. Sublessor shall in good faith cooperate and coordinate with Sublessee and Landlord, at its sole cost and expense, in using commercially reasonable efforts to obtain Landlord’s performance under the Lease should Sublessee provide notice to Sublessor of any deficiency or default by Landlord, except that Sublessor shall not be required to commence any legal proceedings or arbitration or terminate the Lease. Sublessor shall have no liability of any nature whatsoever to Sublessee for Landlord’s failure to do so unless perform or render such failure continues services, and shall look solely to Landlord for thirty (30) days after Tenant gives all such written notice to Landlord; providedservices and shall not, howeverunder any circumstances, such thirty (30) day period shall be extended so long as Landlord commences the maintenance or repairs within the thirty (30) day period and diligently completes the same. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. If Landlord is unable seek nor require Sublessor to perform any agreed upon repairs of such services, nor shall Sublessee seek to recover on any claim against Sublessor or replacements xxx Sublessor for any damages which may arise by reason of Landlord’s default under the Lease (including, without limitation, Landlord’s breach of a covenant of quiet enjoyment), or Landlord’s negligence, whether by omission or commission. No such default of Landlord shall excuse Sublessee from the performance of any of its obligations to be performed under this Sublease or entitle Sublessee to terminate this Sublease or to reduce or xxxxx or offset any of the rents provided for in a timely manner (whether this Sublease except to the extent that Sublessor is entitled to exercise such rights under the Lease as a consequence of the lack of funding therefor or otherwise), Landlord shall so notify Tenant and, following the agreement between Landlord and Tenant on the scope and cost result of such work, Tenant shall have the right to perform such work. Upon completion of such work, Tenant shall provide Landlord with invoices or other reasonably satisfactory evidence of the actual cost of such work, and Landlord shall accept such amount as a credit against Base Rent next owing hereunder. Any damage to any part of the Property that is caused by Tenant, the Master Developer or their respective Related Entities shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such repairs incurred default by Landlord. Any damage to any part of the Premises that is caused by Landlord or its employees or contractors shall be repaired by Landlord or such contractors at no cost to Tenant.