Common use of Other Repairs to be Made by Landlord Clause in Contracts

Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty and by eminent domain, and except as otherwise provided in this Lease, and subject to provisions for reimbursement by Tenant as contained in Section 7.5, Landlord agrees to (i) perform its maintenance and other obligations under the Declaration and (ii) keep and maintain, or cause to be kept and maintained, in good order, condition and repair, consistent with the level of maintenance expected for first-class office buildings in the Market Area, the common areas and facilities of the Office Tower and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this Lease, including heating, ventilating, air conditioning, plumbing and other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and the like except to the extent installed by Tenant and serving the Premises exclusively), except that Landlord shall in no event be responsible to Tenant for (1) the condition of glass in and about the Premises (other than for glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s), or (2) any condition in the Premises or the Office Tower caused by any act or neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of Tenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office Tower or the Premises other than as expressly provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this Lease.

Appears in 1 contract

Samples: Agreement (Rapid7, Inc.)

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Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty and by eminent domain, and except as otherwise provided in this Lease, and subject to provisions for reimbursement by Tenant as contained in Section 7.5, Landlord agrees to (i) perform its maintenance and other obligations under maintain at least the Declaration Required LEED Certification, and (ii) keep and maintain, or cause to be kept and maintained, maintain in good and first class order, condition and repair, consistent with repair the level of maintenance expected for first-class office buildings in the Market Area, the common areas and facilities of the Office Tower and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this Lease, including heating, ventilating, air conditioning, plumbing plumbing, and the other Building systems and equipment servicing (including, without limitation, the Premises (including all lines, pipes, wires, conduits and the like except to the extent life safety generator) installed by Tenant and serving Landlord as part of the Premises exclusivelyBase Building Work under Article IV above (collectively, the “Base Building Systems”), except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (1a) the condition, repair or maintenance of any supplemental heating, ventilating or air conditioning equipment or other supplemental utilities systems or services installed by Tenant (collectively, “Tenant’s Supplemental Systems”), (b) the condition of glass in and about the Premises (other than for glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s), or (2c) for any condition in the Premises or the Office Tower caused by any negligent act or neglect omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire of Tenant or any agentof their respective agents, employeeservants, contractoremployees, assigneecustomers, subtenant, licensee, concessionaire or invitee of Tenantcontractors. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office Tower or the Premises other than as expressly provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this Lease. In connection with the foregoing, it is understood and agreed that Landlord shall have no obligation to maintain Tenant’s Property (as defined in Section 13.4 below), Tenant’s Supplemental Systems or Tenant’s Communications Equipment, except to the extent necessitated by the negligent act or omission or willful misconduct of Landlord or its agents, servants, employees or contractors.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

Other Repairs to be Made by Landlord. (A) Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty and by eminent domain, and except as otherwise provided in ------------------------------------ this Lease, and subject to provisions for reimbursement by Tenant as contained in Section 7.5, Landlord agrees to (i) perform its maintenance and other obligations under the Declaration and (ii) keep and maintain, or cause to be kept and maintained, maintain in good order, condition and repair, consistent with the level of maintenance expected for first-class office buildings in the Market Area, repair the common areas and facilities of the Office Tower and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this LeaseBuilding, including including, without limitation, heating, ventilating, air conditioning, plumbing plumbing, the Building elevators and other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and the like except to the extent installed by Tenant and serving the Premises exclusively)Premises, except that Landlord shall in no event be responsible to Tenant for (1a) the condition of glass in and about the Premises (other than for glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s 's negligence or misuse, in which event the responsibility therefor shall be Tenant’s's), or (2b) for any condition in the Premises or the Office Tower Building caused by any act or neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire subtenant or invitee of Tenant. Without limitation, In no event shall Landlord shall not be responsible obligated under this Lease to make any improvements repairs in or repairs to any premises in the Building leased to any other tenant. Notwithstanding anything in this Lease to the Office Tower or contrary, "Operating Expenses Allocable to the Premises other than as expressly Premises" (defined in Section 7.4) and "Operating Cost Excess" (defined in Section 7.5) shall not include the cost to replace any item which is the subject of the warranty provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this Lease4.4 hereof.

Appears in 1 contract

Samples: Consent Agreement (On Technology Corp)

Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty and by eminent domain, and except as otherwise provided in this Lease, and subject to provisions for reimbursement by Tenant as contained in Section 7.57.4 and Section 7.5 (including the exclusions from Landlord’s Operating Expenses set forth in said Section 7.4), Landlord agrees to shall keep, maintain and repair (iincluding necessary replacements) perform its maintenance and other obligations under the Declaration and (ii) keep and maintain, or cause to be kept kept, maintained and maintainedrepaired, in good order, condition and repairrepair the mechanical, consistent with electrical, plumbing, sprinkler, fire/life safety, access control and the level heating, ventilating and air conditioning (“HVAC”) systems serving the Premises and the Building (but exclusive of any specialty installations installed or requested by Tenant that exclusively serve the Premises which shall be maintained at Tenant’s sole cost and expense), the main utility pipes, lines and facilities connecting the Building to off-site electric and water utility providers (except for any such pipes, lines and other facilities owned and maintained by the utility provider) and the Common Areas and to maintain the Building (exclusive of Tenant’s responsibilities under this Lease) in a manner comparable to the maintenance expected for first-class of similar office buildings in the Market Area, the common areas and facilities of the Office Tower and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this Lease, including heating, ventilating, air conditioning, plumbing and other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and the like except to the extent installed by Tenant and serving the Premises exclusively), except that Landlord shall in no event be responsible to Tenant for (1a) the condition of glass in and about the Premises (other than for glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s), or (2b) any condition in the Premises or the Office Tower Building caused by any act or neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of Tenant. For purposes of this Section 7.2, none of the Building systems installed by Landlord shall be deemed “requested by Tenant”. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office Tower Premises or the Premises Building other than as expressly provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this Lease (including, without limitation, in Article XIII below). Landlord shall use reasonable efforts to perform all repairs in or to the Building for which Landlord is responsible pursuant to this Lease within a reasonable period of time after Landlord becomes aware of the need for such repair and, except in the event of an emergency or unsafe condition in the Building, in a manner which will not unreasonably interfere with the use of the Building by Tenant or other occupants of the Premises. Subject to Tenant’s obligations under Section 8.1, Landlord shall comply with all applicable Legal Requirements now or hereafter in force that impose a duty on Landlord with respect to the common areas of the Building or which Legal Requirements are imposed generally on a building wide basis to the Building (and which requirements are not imposed or triggered as a result of the particular use or manner of use of any tenant or occupant in the Building, including Tenant, or due to any additions, alterations or improvements by any other tenant occupant of the Building, including Tenant). Tenant acknowledges that Landlord has or will submit a Historic Preservation Certification Application provided for in Title 36 of the Code of Federal Regulations, Part 67 in order to obtain the benefit of Historic Tax Credits in connection with Landlord’s rehabilitation of the Building. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not, nor shall Landlord be required to, make any repairs, replacements, alterations or other improvements that would be inconsistent with the standards for rehabilitation set forth in Title 36 of the Code of Federal Regulations, Part 67.7, or any successor provisions, as amended from time to time, or otherwise effect a recapture, violate any historic preservation restrictions of which Tenant has notice or otherwise impact the Historic Tax Credits issued or to be issued in connection with the rehabilitation of the Building.

Appears in 1 contract

Samples: X4 Pharmaceuticals, Inc

Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty and or by eminent domain, and except as otherwise provided in this Lease, and subject to provisions for reimbursement by Tenant Xxxxxx as contained in Section 7.5, Landlord agrees to (i) perform its maintenance and other obligations under the Declaration and (ii) keep and maintain, or cause to be kept and maintained, in good order, condition and repair, consistent with the level of maintenance expected for first-class office buildings in the Market Area, repair the common areas and facilities of the Office Tower and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this LeaseBuilding, including heating, ventilating, air conditioning, plumbing (including bathroom fixtures and equipment in the Premises except for the same installed by Tenant which are in excess of so-called building standard which Tenant shall have the responsibility to keep in such order), elevators and other forms of vertical transportation, and other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and the like except to exterior of the extent installed by Tenant and serving the Premises exclusively)Building, except that Landlord shall in no event be -32- responsible to Tenant for (1a) the condition of glass in and about the Premises (other than for glass in exterior walls of the Premises for which Landlord shall be responsible unless unless, subject to the provisions of Section 13.4, the damage thereto is attributable to Tenant’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s), or (2b) subject to the provisions of Section 13.4, for any condition in the Premises or the Office Tower Building caused by any act or neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, licensee or concessionaire or invitee of Tenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office Tower Building or the Premises other than as expressly provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this Lease.

Appears in 1 contract

Samples: Havas

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Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty and by eminent domain, and except as otherwise provided in this Lease, and subject to provisions for reimbursement by Tenant Xxxxxx as contained in Section 7.5, Landlord agrees to (i) perform its maintenance and other obligations under the Declaration and (ii) keep and maintain, or cause to be kept and maintained, maintain in good and first class order, condition and repair, consistent with the level of maintenance expected for first-class office buildings in the Market Area, repair the common areas and facilities of the Office Tower and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this LeaseBuilding, including the heating, ventilating, air conditioning, plumbing plumbing, and the other base Building systems equipment servicing and equipment, including, without limitation, the Premises Building generator (including all linescollectively, pipes, wires, conduits and the like except to the extent installed by Tenant and serving the Premises exclusively“Base Building Systems”), except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (1a) the condition, repair or maintenance of any supplemental heating, ventilating or air conditioning equipment or other supplemental utilities systems or services installed by Tenant (including, without limitation, Tenant’s HVAC Equipment) (collectively, “Tenant’s Supplemental Systems”), (b) the condition of glass in and about the Premises (other than for glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s), (c) Tenant’s Generator or (2d) any condition in the Premises or the Office Tower caused by any negligent act or neglect omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire of Tenant or any agentof their respective agents, employeeservants, contractoremployees, assigneecustomers, subtenant, licensee, concessionaire or invitee of Tenantcontractors. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office Tower or the Premises other than as expressly provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this Lease. In connection with the foregoing, it is understood and agreed that Landlord shall have no obligation to maintain Tenant’s Property (as defined in Section 13.4 below), Tenant’s Supplemental Systems, Tenant’s Generator or Tenant’s Communications Equipment, except to the extent necessitated by the negligent act or omission or willful misconduct of Landlord or its agents, servants, employees or contractors.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use use, (b) Tenant’s responsibilities under this Lease and (bc) damage caused by fire or casualty and by eminent domain, and except as otherwise provided in this Lease, and subject to provisions for reimbursement by Tenant as contained in Section 7.57.4 and Section 7.5 (including the exclusions from Landlord’s Operating Expenses set forth in said Section 7.4), Landlord agrees to shall keep, maintain and repair (iincluding necessary replacements) perform its maintenance and other obligations under the Declaration and (ii) keep and maintain, or cause to be kept kept, maintained and maintainedrepaired, in good order, condition and repairrepair (including necessary replacements) the 24 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxx, consistent with Inc. Lease base building mechanical, electrical, plumbing, sprinkler, elevator, fire/life safety, access control and the level heating, ventilating and air conditioning (“HVAC”) systems serving the Premises and the Building (collectively, the “Building Systems”) (but exclusive of any specialty installations installed or requested by Tenant which shall be maintained at Tenant’s sole cost and expense), the main utility pipes, lines and facilities connecting the Building to off-site electric and water utility providers (except for any such pipes, lines and other facilities owned and maintained by the utility provider) and the Common Areas in a first class manner comparable to the maintenance expected for firstof similar Class A mixed-class office use buildings in the Market Area, the common areas and facilities of the Office Tower and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this Lease, including heating, ventilating, air conditioning, plumbing and other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and the like except to the extent installed by Tenant and serving the Premises exclusively), except that Landlord shall in no event be responsible to Tenant for (1a) the condition of glass in and about the Premises (other than for glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s), or (2b) any condition in the Premises Premises, the Building or the Office Tower Complex caused by any act or neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of Tenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office Tower Premises, the Building or the Premises Complex other than as expressly provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this LeaseLease (including, without limitation, in Article XIII below). Landlord shall use commercially reasonable efforts to perform all repairs in or to the Building for which Landlord is responsible pursuant to this Lease within a reasonable period of time after Landlord becomes aware of the need for such repair and, except in the event of an emergency or unsafe condition in the Building, in a manner which will not unreasonably interfere with the use of the Building by Tenant or other occupants of the Premises. Subject to Tenant’s obligations under Section 8.1, Landlord shall comply with all applicable Legal Requirements now or hereafter in force that impose a duty on Landlord with respect to the Building Systems and the Common Areas of the Property or which Legal Requirements are imposed generally on a building wide basis to the Building and will use commercially reasonable efforts to enforce any obligations of Overlandlord under the Xxxxxxxxx and/or any Complex Owner under the Declaration to cause the Common Areas of the Complex to comply with applicable Legal Requirements, in all events except to the extent such requirements are not imposed or triggered as a result of the particular use or manner of use of Tenant or due to any additions, alterations or improvements performed by or on behalf of Tenant.

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty and by eminent domain, and except as otherwise provided in this Lease, and subject to provisions for reimbursement by Tenant as contained in Section 7.5, Landlord agrees to (i) perform its maintenance and other obligations under the Declaration and (ii) keep and maintain, or cause to be kept and maintained, in good order, condition and repair, consistent with the level of maintenance expected for first-class office buildings building in the Market Area, the common areas and facilities of the Office Tower Building and those common areas and facilities of the Hub Complex that Tenant is permitted to use under this Lease, including heating, ventilating, air conditioning, plumbing and other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and the like except to the extent installed by Tenant or by Landlord as a part of the Landlord’s Work and serving the Premises exclusively), except that Landlord shall in no event be responsible to Tenant for (1a) the condition of glass in and about the Premises (other than for glass in exterior walls for which Landlord shall be responsible unless the damage thereto is attributable to Tenant’s negligence or misuse, in which event the responsibility therefor shall be Tenant’s), or (2b) any condition in the Premises or the Office Tower Building caused by any act or neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of Tenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office Tower Building or the Premises other than as expressly provided in Section 7.1 or in this Section 7.2, unless expressly otherwise provided in this Lease.

Appears in 1 contract

Samples: Boston, Massachusetts (Rapid7, Inc.)

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