Common use of OBLIGATIONS OF LANDLORD Clause in Contracts

OBLIGATIONS OF LANDLORD. So long as a default on the part of Sublessee shall not be continuing, Sublessee shall be entitled to receive all services to be rendered to Sublessor under the Lease insofar as such services pertain to the Sublease 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., with respect to the fact that Sublessee shall not be 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 perform or render such services, and shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublessor to perform any of such services, nor shall Sublessee seek to recover on any claim against Sublessor or 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 this Sublease except to the extent that Sublessor is entitled to exercise such rights under the Lease as a result of such default by Landlord.

OBLIGATIONS OF LANDLORD. So long as a default A. Landlord’s Work. Landlord will complete the interior improvements to Suite 120 described on EXHIBIT C attached hereto (“Landlord’s Work”) and shall deliver Suite 120 to Tenant on the part Commencement Date. Any changes or modifications to Landlord’s Work shall be made and accepted by written change orders or agreement signed by Landlord and Tenant and shall constitute an amendment to this Lease (“Change Orders”). In addition, Tenant shall reimburse Landlord, within ten (10) business days after written request, for the cost of Sublessee any Change Orders. Within thirty (30) days after the Commencement Date, Tenant 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 of 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) days, then Landlord shall 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 specifying the 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 Building, and (ii) the performance of Landlord’s obligations under this Lease regarding completion of Landlord’s Work; provided, however, that this provision shall not be continuing, Sublessee shall be entitled apply to receive all services to be rendered to Sublessor under the Lease insofar as such services pertain latent defects discovered by Tenant after said thirty (30) day period. Notwithstanding anything to the Sublease Premises or to the Sublessor’s use thereof or the conduct contrary in this Lease, effective upon delivery of the activities or operations Premises to Tenant, Landlord 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 good and wxxxxxx-like manner, (b) all material and equipment installed therein or 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 of the Commencement Date, and if Tenant identifies defects 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 systems described in the common areas of foregoing clause (c) within one (1) year after the Building. Except as otherwise specified herein (e.g.Commencement Date, with respect to the fact that Sublessee Landlord shall not be 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, promptly repair such defects 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 expense (and not as an Operating Expense); provided however following any full replacement 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 perform or render such services, and shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublessor to perform any of such services, nor shall Sublessee seek to recover on any claim against Sublessor or 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 component of the rents provided for in HVAC system during this Sublease except to one-year period all future repairs and/or replacements shall be governed by the extent that Sublessor is entitled to exercise such rights under the Lease provisions of Section 11.F or Section 12.B, as a result of such default by Landlordapplicable.

OBLIGATIONS OF LANDLORD. So long Landlord shall maintain and repair the foundations, the roof and all other structural aspects of the Premises, unless such repair or maintenance is required as a default on the part result of Sublessee shall not be continuingTenant's negligence, Sublessee shall be entitled in which case Landlord is only required to receive all services to be rendered to Sublessor under the Lease insofar as such services pertain maintain and repair to the Sublease Premises 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 no more than thirty (30) days in other cases, unless Landlord commences such maintenance or repair within such thirty-day period, and thereafter diligently prosecutes such maintenance or repair to completion. If Landlord fails to perform any maintenance or make any repairs for which Landlord is responsible within such time periods, Tenant shall have the right to perform such maintenance or make such repairs at Landlord's expense. Landlord shall reimburse Tenant within fifteen (15) days after receipt of an invoice from Tenant for all expenses incurred by Tenant in performing such maintenance or making such repair, plus interest thereon at the rate of ten percent (10%) per annum ("Interest Rate") from the date incurred to the Sublessor’s use thereof or date paid, and if Landlord fails to do so, Tenant shall have the conduct right to deduct such expenses from the next installment(s) 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 Buildingrent coming due hereunder. Except as otherwise specified herein (e.g.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 Landlord'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 fact that Sublessee shall not be responsible for Premises, and Tenant's right to cease 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 rent 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 Any damage to any part of the Property for which Landlord is responsible that is caused by the negligence or willful misconduct of Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant shall have no liability of any nature whatsoever to Sublessee for Landlord’s failure to perform or render such servicesbe repaired by Landlord at Tenant's expense, and Tenant shall look solely pay to Landlord for all such services and shall notLandlord, under any circumstancesimmediately upon billing by Landlord, seek nor require Sublessor to perform any as additional rent, the cost of such services, nor shall Sublessee seek to recover on repairs incurred by Landlord plus interest thereon at the Interest Rate less any claim against Sublessor or xxx Sublessor for any damages which may arise amounts of insurance proceeds received 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 this Sublease except to the extent that Sublessor is entitled to exercise such rights under the Lease as a result of such default by Landlordtherefor.

OBLIGATIONS OF LANDLORD. So long as 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 default on reasonable opportunity to perform the part of Sublessee maintenance or make the repair, and Landlord shall not be continuingliable for any failure to do so unless such failure continues for thirty (30) days after Tenant gives such written notice to Landlord; provided, Sublessee however, such thirty (30) day period shall be entitled to receive all services to be rendered to Sublessor under extended so long as Landlord commences the Lease insofar as such services pertain to maintenance or repairs within the Sublease Premises or to thirty (30) day period and diligently completes the Sublessorsame. Landlord’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., liability with respect to the fact that Sublessee shall not be any maintenance or repair for which Landlord is responsible for paying for “Operating Expenses” under the Lease), Sublessee shall be responsible for all charges relating thereto as provided in limited to the Leasecost of the maintenance or repair. 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 perform or render such services, and shall look solely to If Landlord for all such services and shall not, under any circumstances, seek nor require Sublessor 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 serviceswork, nor Tenant shall Sublessee seek have the right to recover on any claim against Sublessor perform such work. Upon completion of such work, Tenant shall provide Landlord with invoices or xxx Sublessor for any damages which may arise by reason other reasonably satisfactory evidence of Landlord’s default under the Lease (includingactual cost of such work, without limitation, Landlord’s breach of a covenant of quiet enjoyment), or Landlord’s negligence, whether by omission or commission. No such default of and Landlord shall excuse Sublessee from the performance of accept such amount as a credit against Base Rent next owing hereunder. Any damage to 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 part of the rents provided for in this Sublease except 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 extent that Sublessor is entitled to exercise such rights under the Lease as a result reasonable cost of such default 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. So long as Tenant shall perform each and every covenant to be performed by Tenant hereunder, Landlord agrees that Tenant shall quietly enjoy the Premises in accord with the provisions hereof and that Landlord shall: A. Furnish heat and air conditioning, subject to any applicable regulations, to provide an environment that is; 1. Not more than 78(degree) FDB when the outside temperature does not exceed 95(degree) FDB and 75(degree) FWB; 2. Not less than a default minimum temperature of 68(degree) F when the outside temperature is not less than 10(degree) F. B. Provide passenger elevator service at all times. C. Provide janitorial service in and about the Premises as specified by the Tenant. D. Keep the fountains, the exterior walls and the roof of the Building in good repair, ordinary wear and tear excepted; provided, however, if the need for such repairs is directly or indirectly attributable to or results from any activity being conducted within the Premises, Tenant agrees to reimburse Landlord for all costs and expenses incurred by Landlord with respect to such repairs. Landlord shall commence any repairs it is required to do hereunder as soon as reasonably practicable after receiving written notice from Tenant of the necessity for such repairs, but in no event shall Landlord be required to make any other repairs. Landlord's obligations hereunder shall be subject to the provisions of Sections 10 and 11. E. Provide water for drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord. F. Provide electricity to the Premises for normal lighting and operation of small business office equipment. In the event that additional power is required by Tenant, all costs of additional conduits, separate meters and service shall be paid by Tenant. Tenant shall use its best efforts to conserve electricity. G. Make and install or provide for the installation of Tenant's leasehold improvements in accordance with the plans and specifications, terms and conditions set forth in Exhibit C. Landlord will use its best efforts, subject to the terms and conditions of attached Exhibit C, to substantially complete the Premises and such leasehold improvements, subject to punchlist items, on or before July 1, 1996, subject however to any delays due to strikes or other labor disturbances, civil disturbances, orders of any government, court or regulatory body claiming jurisdiction, unavailability or materials or labor, fire or any other cause beyond the reasonable control or Landlord, provided that Landlord gives written notice to Tenant of the existence of such matters within ten days of their first occurrence. H. Maintain all grounds and parking areas of the Project. The parking area shall contain no less than 228 parking spaces. I. Permit the installation by Tenant, at Tenant's sole expense, of a satellite antenna on the Building, provided, however, that such installation shall comply with applicable ordinances and shall comply with the requirements of any roofing warranty. It is understood that Landlord does not warrant that any of the services and utilities referred to above will be free from interruption from causes beyond the reasonable control of Landlord. Any interruption of service or utilities shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damages by abatement of Sublessee rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, unless such interruption shall not be continuingrender the Premises uninhabitable for normal commercial operations and continue for a period of Seventy - Two (72) consecutive hours, Sublessee in which event Tenant shall be entitled to receive all services to be rendered to Sublessor under an abatement of Base Rent and Operating Costs from the Lease insofar as date of the interruption through the date on which such services pertain service or utilities are again being provided to the Sublease Premises or to Premises. In the Sublessor’s use thereof or event such interruption continues for a period of thirty (30) consecutive days, Tenant shall have the conduct option 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 terminating this 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., with respect to the fact that Sublessee shall not be 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 upon written notice to Sublessor of any deficiency or default by Landlord, except that Sublessor . Tenant's option to so terminate shall not be required end at such time as the Premises are restored 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 perform or render such services, and shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublessor to perform any of such services, nor shall Sublessee seek to recover on any claim against Sublessor or 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 this Sublease except to the extent that Sublessor is entitled to exercise such rights under the Lease as a result of such default by Landlordhabitable condition.

OBLIGATIONS OF LANDLORD. So long as a default on the part of Sublessee shall not be continuing, Sublessee shall be entitled with Respect to receive all services to be rendered to Sublessor under the Lease insofar as such services pertain to the Sublease Premises or to the Sublessor’s use thereof or the conduct any Leasehold Mortgagee: --------------------------------------------------------------- After having been notified of the activities or operations therein or in existence of a Leasehold Mortgage, Landlord shall give any such Leasehold Mortgagee written notice of (i) any default by Tenant hereunder and/or any other event authorizing the common areas termination of this Lease, and (ii) 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., with respect to the fact that Sublessee shall not be 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 exercise of any deficiency or default remedy 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 perform or render such services, and shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublessor to perform any of such services, nor shall Sublessee seek to recover on any claim against Sublessor or xxx Sublessor for any damages which may arise by reason of Landlord’s any default by Tenant under this Lease. In this regard, Landlord shall not have the power to (a) terminate the Lease unless Landlord shall have first given such Leasehold Mortgagee sixty (including60) days written notice of its intent to terminate this Lease, without limitationor (b) terminate this Lease if, Landlord’s breach within said sixty (60) day period (or such longer period of a covenant time as is reasonably required by such Leasehold Mortgagee to obtain possession of quiet enjoymentthe Property if that is necessary to cure Tenant's default), or Landlord’s negligence, such Leasehold Mortgagee either: A. Cures Tenant's default whether by omission the payment of money or commission. No such default of Landlord shall excuse Sublessee from the performance of any act required to so cure such default; or B. Commences and thereafter continuously pursues foreclosure of its the Leasehold Mortgage or otherwise acquires the interest of Tenant under the Lease, but only so long as such Leasehold Mortgagee performs all obligations to be performed under by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof. C. Notwithstanding anything contained in this Sublease or entitle Sublessee Lease to the contrary, Landlord may not terminate this Sublease or to reduce or xxxxx or offset any of the rents provided for in this Sublease except to the extent that Sublessor is entitled to exercise such rights under the Lease as a result of (i) the occurrence of any Tenant's default described in subparagraphs C, D and E of paragraph 11.1, or (ii) any default of Tenant that cannot be cured by the Leasehold Mortgage, so long as any Leasehold Mortgagee has commenced and thereafter is continuously pursuing the foreclosure of the Leasehold Mortgage, but only so long as the Leasehold Mortgagee performs all other obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such default time as Tenant's Estate is so acquired or sold upon foreclosure or by Landlordway of other appropriate proceedings in the nature thereof.

OBLIGATIONS OF LANDLORD. So long as a default on the part of Sublessee shall not be continuing, Sublessee shall be entitled to receive all services to be rendered to Sublessor under the Lease insofar as such services pertain to the Sublease 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 A. Landlord's Maintenance 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 BuildingRepair Obligations. Except as otherwise specified herein (e.g., with respect to the fact that Sublessee shall not be 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 Landlord shall not be required to commence make any legal proceedings improvements, replacements or arbitration repairs of any kind or terminate 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. Sublessor Landlord shall have no liability of any nature whatsoever to Sublessee for Landlord’s failure to perform or render such servicesmaintain only the roof, foundation, parking areas, and Common Areas, and the structural soundness of the exterior walls and other structures within the Project, provided, that Landlord's cost of maintaining, replacing and repairing the items set forth in this Section shall look solely be included within the definition of Operating Expenses pursuant to Section 7 of this Lease. Landlord for all such services and shall notnot be liable to Tenant, under any circumstancesexcept as expressly provided in this Lease, seek nor require Sublessor to perform any of such services, nor shall Sublessee seek to recover on any claim against Sublessor or xxx Sublessor for any damages which may arise damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of Landlord’s default any repairs, alterations or additions made by Landlord under the Lease this Lease; provided, however, if Landlord fails to complete its obligations within thirty (including, without limitation, Landlord’s breach of a covenant of quiet enjoyment)30) days after written notice from Tenant, or Landlord’s negligencea reasonable amount of time if the nature of the obligation is such that it cannot be performed within thirty (30) days, whether by omission Tenant shall have the right to complete such repair or commission. No such default of Landlord shall excuse Sublessee replacement and deduct the costs from the performance of any of its obligations rent payable hereunder, subject to be performed under the "Maximum Offset Amount" (defined herein). Notwithstanding anything contained in this Sublease or entitle Sublessee Lease to terminate this Sublease or to reduce or xxxxx or offset any the contrary, Tenant shall not deduct more than fifty percent (50%) of the rents provided for Base Rent from any monthly installment of Base Rent if there are sufficient months remaining in the term of this Sublease except Lease within which to fully recover the extent that Sublessor is entitled to exercise such rights under amount owed by Landlord (the Lease as a result of such default by Landlord"Maximum Offset Amount").