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

Other Repairs to be Made by Landlord. Except for normal and reasonable wear and use 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) maintain at least the Required LEED Certification, and (ii) keep and maintain in good and first class order, condition and repair the heating, ventilating, air conditioning, plumbing, and the other Building systems and equipment (including, without limitation, the life safety generator) installed by Landlord as part of the Base 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 (a) 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 (c) for any condition in the Premises caused by any negligent act or omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire of Tenant or any of their respective agents, servants, employees, customers, or contractors. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Premises other than as expressly 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.

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) maintain at least perform its maintenance and other obligations under the Required LEED Certification, Declaration and (ii) keep and maintain maintain, or cause to be kept and maintained, in good and first class order, condition and repair 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, plumbing and the other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and equipment (including, without limitation, the life safety generator) like except to the extent installed by Landlord as part of Tenant and serving the Base Building Work under Article IV above (collectively, the “Base Building Systems”Premises exclusively), except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (a) 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”), (b1) 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 (c2) for any condition in the Premises or the Office Tower caused by any negligent act or omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of their respective agents, servants, employees, customers, or contractorsTenant. 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.

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 shall keep, maintain and repair (including necessary replacements) or cause to (i) maintain at least the Required LEED Certificationbe kept, maintained and (ii) keep and maintain repaired, in good and first class order, condition and repair the heatingmechanical, ventilating, air conditioningelectrical, plumbing, sprinkler, fire/life safety, access control and the other heating, ventilating and air conditioning (“HVAC”) systems serving the Premises and the Building systems (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 equipment (including, without limitationexpense), the life safety generatormain 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) installed by Landlord as part and the Common Areas and to maintain the Building (exclusive of Tenant’s responsibilities under this Lease) in a manner comparable to the Base Building Work under Article IV above (collectively, maintenance of similar office buildings in the “Base Building Systems”)Market Area, except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (a) 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 (cb) for any condition in the Premises or the Building caused by any negligent act or omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of their respective agentsTenant. For purposes of this Section 7.2, servants, employees, customers, or contractorsnone 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 Premises or the 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. In , 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 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 rehabilitation of the extent necessitated by the negligent act or omission or willful misconduct of Landlord or its agents, servants, employees or contractorsBuilding.

Other Repairs to be Made by Landlord. Except for normal and reasonable wear and use 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) maintain at least the Required LEED Certification, and (ii) keep and maintain in good and first class order, condition and repair the common areas and facilities of the Building, including, without limitation, heating, ventilating, air conditioning, plumbing, the Building elevators and the other Building systems and equipment (including, without limitation, servicing the life safety generator) installed by Landlord as part of the Base Building Work under Article IV above (collectively, the “Base Building Systems”)Premises, except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (a) 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 's negligence or misuse, in which event the responsibility therefor shall be Tenant’s's), or (cb) for any condition in the Premises or the Building caused by any negligent act or omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire neglect of Tenant or any agent, employee, contractor, assignee, subtenant or invitee of their respective agents, servants, employees, customers, or contractorsTenant. 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 Premises other than as expressly provided in this Lease. In connection with contrary, "Operating Expenses Allocable to the foregoing, it is understood and agreed that Landlord shall have no obligation to maintain Tenant’s Property Premises" (as defined in Section 13.4 below), Tenant’s Supplemental Systems or Tenant’s Communications Equipment, except 7.4) and "Operating Cost Excess" (defined in Section 7.5) shall not include the cost to replace any item which is the extent necessitated by subject of the negligent act or omission or willful misconduct of Landlord or its agents, servants, employees or contractorswarranty provided in Section 4.4 hereof.

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) maintain at least perform its maintenance and other obligations under the Required LEED Certification, Declaration and (ii) keep and maintain maintain, or cause to be kept and maintained, in good and first class order, condition and repair repair, consistent with the level of maintenance expected for first-class office building in the Market Area, the common areas and facilities of the Office 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, plumbing and the other Building systems equipment servicing the Premises (including all lines, pipes, wires, conduits and equipment (including, without limitation, the life safety generator) like except to the extent installed by Tenant or by Landlord as a part of the Base Building Landlord’s Work under Article IV above (collectively, and serving the “Base Building Systems”Premises exclusively), except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (a) 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 (cb) for any condition in the Premises or the Office Building caused by any negligent act or omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of their respective agents, servants, employees, customers, or contractorsTenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Office 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. 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.

Other Repairs to be Made by Landlord. Except for normal and reasonable wear and use damage caused by fire or casualty or by eminent domain which shall be covered by Article XIV of this Lease, 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) maintain at least the Required LEED Certification, and (ii) keep and maintain maintain, or cause to be kept and maintained, in good and first class order, condition and repair generally and reasonably consistent with other high quality Class A office buildings in the Central Business District in Boston and in conformance with all Legal Requirements, the common areas and facilities of the Building, including the base building mechanical, electrical, plumbing, sprinkler, fire/life safety, and access control systems and the base building heating, ventilating, and air conditioning, plumbing, and the other Building systems and equipment conditioning (including, without limitation, the life safety generator) installed by Landlord as part of the Base Building Work under Article IV above (collectively, the “Base Building SystemsHVAC”)) systems serving the Premises and the Building and other common Building systems equipment servicing the Premises, except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (a) the conditionsubject to Section 13.13, 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 for the cost thereof shall be Tenant’s), or (cb) for subject to Section 13.13, any condition in the Premises or the Building caused by any negligent act or omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of their respective agents, servants, employees, customers, or contractorsTenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressly provided in Section 7.1 or in this LeaseSection 7.2, unless expressly otherwise provided in this Lease or the Condominium Documents. In connection with the foregoing, it is understood and agreed that Landlord shall have no obligation perform Landlord’s obligations under the Condominium Documents and shall use reasonable efforts to maintain Tenant’s Property (as defined in Section 13.4 below), Tenant’s Supplemental Systems or Tenant’s Communications Equipment, except enforce the obligations of the Tower Office Unit owner and the Commercial Unit Owner under the Condominium Documents to the extent necessitated by the negligent act or omission or willful misconduct of Landlord or its agents, servants, employees or contractorsthat such obligations affect Tenant.

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 (c) 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 shall keep, maintain and repair (including necessary replacements) or cause to (i) maintain at least the Required LEED Certificationbe kept, maintained and (ii) keep and maintain repaired, in good and first class order, condition and repair (including necessary replacements) the base building mechanical, electrical, plumbing, sprinkler, elevator, fire/life safety, access control and the heating, ventilating, ventilating and air conditioning, plumbing, conditioning (“HVAC”) systems serving the Premises and the other Building systems and equipment (including, without limitation, the life safety generator) installed by Landlord as part of the Base Building Work under Article IV above (collectively, the “Base 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 of similar Class A mixed-use buildings in the Market Area, except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be responsible to Tenant for (a) 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 (cb) for any condition in the Premises Premises, the Building or the Complex caused by any negligent act or omission or willful misconduct of Tenant, any subtenant, assignee, licensee or concessionaire neglect of Tenant or any agent, employee, contractor, assignee, subtenant, licensee, concessionaire or invitee of their respective agents, servants, employees, customers, or contractorsTenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the Premises Premises, the Building or the Complex other than as expressly provided in Section 7.1 or in this LeaseSection 7.2, unless expressly otherwise provided in this Lease (including, without limitation, in Article XIII below). In connection 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 foregoinguse of the Building by Tenant or other occupants of the Premises. Subject to Tenant’s obligations under Section 8.1, it is understood and agreed that Landlord shall have no obligation comply with all applicable Legal Requirements now or hereafter in force that impose a duty on Landlord with respect to maintain Tenant’s the Building Systems and the Common Areas of the Property (as defined 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 Section 13.4 below), Tenant’s Supplemental Systems or Tenant’s Communications Equipment, all events except to the extent necessitated 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 the negligent act or omission or willful misconduct on behalf of Landlord or its agents, servants, employees or contractorsTenant.

Other Repairs to be Made by Landlord. Except for (a) normal and reasonable wear and use and (b) damage caused by fire or casualty 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) maintain at least the Required LEED Certification, and (ii) keep and maintain maintain, or cause to be kept and maintained, in good and first class order, condition and repair the common areas and facilities of the Building, including heating, ventilating, air conditioning, plumbingplumbing (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 the other Building systems equipment servicing the Premises and equipment (including, without limitation, the life safety generator) installed by Landlord as part exterior of the Base Building Work under Article IV above (collectively, the “Base Building Systems”)Building, except that Landlord (excepting Landlord’s negligence and misconduct) shall in no event be -32- responsible to Tenant for (a) 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 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 (cb) subject to the provisions of Section 13.4, for any condition in the Premises or the Building caused by any negligent act or omission neglect of Tenant or willful misconduct of Tenantany agent, any subtenantemployee, contractor, assignee, subtenant, licensee or concessionaire of Tenant or any of their respective agents, servants, employees, customers, or contractorsTenant. Without limitation, Landlord shall not be responsible to make any improvements or repairs to the 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. 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.