Common use of PERFORMANCE OF WORK BY LANDLORD Clause in Contracts

PERFORMANCE OF WORK BY LANDLORD. Notwithstanding Tenant's obligation to keep the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior walls of the Premises in good condition and repair, Landlord shall employ contractors to perform all repairs, maintenance and replacements of the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior walls of the Premises. The items described in the previous sentence that Landlord will cause to be repaired, maintained and replaced are hereinafter referred to as the "LANDLORD MAINTENANCE ITEMS." Tenant shall reimburse Landlord as additional rent for all costs Landlord incurs in performing the Landlord Maintenance Items within ten (10) days after written demand by Landlord. Landlord shall determine in its sole discretion the scope and timing of the performance of such Landlord Maintenance Items, and Tenant shall not perform such Landlord Maintenance Items. Landlord's maintenance of the exterior walls of the Premises shall include the right, but not the obligation, of Landlord to paint from time to time all or some of the exterior walls, canopies, doors, windows, gutters, handrails and other exterior parts of the Premises with colors selected by Landlord, and Tenant shall reimburse Landlord as provided above for all costs incurred by Landlord in painting such items. If the Premises contains landscaped areas ("LANDSCAPED AREAS"), Landlord shall maintain the Landscaped Areas, and Tenant shall reimburse Landlord for all costs incurred by Landlord in maintaining the Landscaped Areas within ten (10) days after written demand by Landlord; provided, however, Landlord shall have the right to estimate the monthly cost of maintaining the Landscaped Areas, and Tenant shall pay such amount to Landlord as additional rent each month at the same time Tenant pays Base Rent. Tenant shall immediately give Landlord written notice of any repair or maintenance required by Landlord pursuant to this section, after which Landlord shall have a reasonable time in which to complete such repair or maintenance. Landlord shall have the right at any time, and from time to time, to elect upon written notice to Tenant to have Tenant perform some or all of the Landlord Maintenance Items and/or the maintenance of the Landscaped Areas, in which event Tenant shall employ contractors designated by Landlord to perform such work and shall pay for all such work at Tenant's sole cost and expense, all in accordance with the requirements of section 11.1.

PERFORMANCE OF WORK BY LANDLORD. Notwithstanding Tenant's obligation to keep the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior walls If Tenant is not leasing 100% of the Premises in good condition and repairBuilding, Landlord shall employ contractors to perform all repairs, maintenance and replacements of the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior embedded plumbing systems located within the walls or under the floor of the Premises (the "Building Systems") but only to the extent any of such Building Systems service other space in the Building as well (other than the Premises). The items described in the previous sentence that Landlord will cause to be repaired, maintained and replaced are hereinafter referred to as the "LANDLORD MAINTENANCE ITEMSLandlord Maintenance Items." Tenant shall reimburse Landlord as additional rent for ". The cost of all costs Landlord incurs in performing the such Landlord Maintenance Items within ten (10) days after written demand shall be considered an Operating Expense, reimbursable by LandlordTenant in accordance with Article 6. Landlord shall determine in its sole discretion the scope and timing of the performance of such Landlord Maintenance Items, and Tenant shall not perform such Landlord Maintenance Items. Landlord's maintenance of the exterior walls of the Premises shall include the right, but not the obligation, of Landlord to paint from time to time all or some of the exterior walls, canopies, doors, windows, gutters, handrails and other exterior parts of the Premises with colors selected by LandlordLandlord and the cost thereof shall be considered an Operating Expense, and reimbursable by Tenant shall reimburse Landlord as provided above for all costs incurred by Landlord in painting such itemsaccordance with Article 6. If the Premises contains landscaped areas ("LANDSCAPED AREASLandscaped Areas"), Landlord shall maintain the Landscaped Areas, and Tenant shall reimburse Landlord for all costs incurred by Landlord Areas in maintaining the Landscaped Areas within ten (10) days after written demand by Landlord; provided, however, Landlord shall have the right to estimate the monthly cost of maintaining the Landscaped Areas, and Tenant shall pay such amount to Landlord as additional rent each month at the same time condition as they exist as of the date hereof and the cost thereof shall be considered an Operating Expense, reimbursable by Tenant pays Base Rentin accordance with Article 6. Tenant shall immediately give Landlord written notice of any repair or maintenance required by Landlord pursuant to this sectionSection, after which Landlord shall have a reasonable time in which to complete such repair or maintenance. Landlord shall have the right at any time, and from time to time, to elect upon written notice to Tenant to have Tenant perform some or all of the Landlord Maintenance Items and/or the maintenance of the Landscaped Areas, in which event Tenant shall employ contractors reasonably designated by Landlord to perform such work and shall pay for all such work at Tenant's sole cost and expense, all in accordance with the requirements of section 11.1Section 12.1. In addition, from time to time, Tenant may request in writing from Landlord the right to perform all or some of the Landlord Maintenance Items and Landlord shall permit Tenant to perform such Landlord Maintenance Item(s) so long as (i) such Landlord Maintenance Item is not performed to or does not affect the exterior of the Building or any structural element of the Building, and (ii) Tenant employs a contractor reasonably approved by Landlord to perform any such Landlord Maintenance Item. Notwithstanding anything to the contrary contained herein, in the event that any replacement or repair of a Landlord Maintenance Item constitutes a Capital Replacement, and provided, (i) such Capital Replacement is not necessitated by the negligence of Tenant or Tenant's employees, agents or contractors, and (ii) if applicable, Tenant has entered into and maintains a regularly scheduled preventive maintenance/service contract for such system if required by Section 12.2 above, then such Capital Replacement shall be reimbursed by Tenant as follows: the entire cost of the Capital Replacement shall be amortized over the useful life of the improvement or equipment, as reasonably determined by Landlord, together with an interest factor on the unamortized cost of such item equal to ten percent (10%) per annum and Tenant shall pay such amortized amount annually during the Term of the Lease (as the same may be extended or renewed) at the same time it pays Base Rent hereunder.

PERFORMANCE OF WORK BY LANDLORD. Notwithstanding Tenant's obligation to keep the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior walls of the Premises in good condition and repair, at Landlord’s option, Landlord shall employ contractors to perform all repairs, maintenance and replacements of the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior walls of the Premises. The items described in the previous sentence that Landlord will cause to be repaired, maintained and replaced are hereinafter referred to as the "LANDLORD MAINTENANCE ITEMSLandlord Maintenance Items." Landlord Maintenance Items shall not include HVAC units installed by Tenant or which exclusively serve computer server or similar areas or laboratory areas in the Premises (“Tenant HVAC Units”), and Tenant shall at all times be solely responsible for the maintenance, repair and replacement of all Tenant HVAC Units, at Tenant’s sole cost and expense. In addition, Landlord Maintenance Items shall not include sprinkler systems, fire alarm systems and fire detection systems installed by Tenant in any laboratory or similar area in the Premises, (“Tenant Fire Systems”), and Tenant shall at all times be solely responsible for the maintenance, repair and replacement of all Tenant Fire Systems, at Tenant’s sole cost and expense. Tenant shall reimburse Landlord as additional rent for all costs Landlord incurs in performing the Landlord Maintenance Items within ten (10) days after written demand by Landlord. Landlord shall determine in its sole discretion the scope and timing of the performance of such Landlord Maintenance Items, and Tenant shall not perform such Landlord Maintenance Items. Landlord's maintenance of the exterior walls of the Premises shall include the right, but not the obligation, of Landlord to paint from time to time all or some of the exterior walls, canopies, doors, windows, gutters, handrails and other exterior parts of the Premises with colors selected by Landlord, and Tenant shall reimburse Landlord as provided above for all costs incurred by Landlord in painting such items. If the Premises contains landscaped areas ("LANDSCAPED AREASLandscaped Areas"), Landlord shall maintain the Landscaped Areas, and Tenant shall reimburse Landlord for all costs incurred by Landlord in maintaining the Landscaped Areas within ten (10) days after written demand by Landlord; provided, however, Landlord shall have the right to estimate the monthly cost of maintaining the Landscaped Areas, and Tenant shall pay such amount to Landlord as additional rent each month at the same time Tenant pays Base Rent. Tenant shall immediately give Landlord written notice of any repair or maintenance required by Landlord pursuant to this section, after which Landlord shall have a reasonable time in which to complete such repair or maintenance. Landlord shall have the right, but not the obligation, to include the cost of Landlord Maintenance Items and the cost of the maintenance of Landscaped Areas in Operating Expenses, and Tenant shall then pay Tenant's Percentage Share of such costs as determined by Landlord. Landlord shall have the right at any time, and from time to time, to elect upon written notice to Tenant to have Tenant perform some or all of the Landlord Maintenance Items and/or the maintenance of the Landscaped Areas, in which event Tenant shall employ contractors designated reasonably approved by Landlord to perform such work and shall pay for all such work at Tenant's sole cost and expense, all in accordance with the requirements of section 11.1Section 12.1.

PERFORMANCE OF WORK BY LANDLORD. Notwithstanding If Tenant refuses or neglects to repair, replace, or maintain the Premises (including Tenant's obligation to keep the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior walls Work regardless of the Premises in good condition and repair, Landlord shall employ contractors to perform all repairs, maintenance and replacements of the roof membranes, HVAC units, sprinkler systems, fire alarm systems, fire detection systems and exterior walls of whether such work is located within the Premises. The items described in the previous sentence that Landlord will cause to be repaired, maintained and replaced are hereinafter referred to as the "LANDLORD MAINTENANCE ITEMS." Tenant shall reimburse Landlord as additional rent for all costs Landlord incurs in performing the Landlord Maintenance Items within ten (10) days after written demand by Landlord. Landlord shall determine in its sole discretion the scope and timing of the performance of such Landlord Maintenance Items, and Tenant shall not perform such Landlord Maintenance Items. Landlord's maintenance of the exterior walls of the Premises shall include the right, but not the obligation, of Landlord to paint from time to time all or some of the exterior walls, canopies, doors, windows, gutters, handrails and other exterior parts of the Premises with colors selected by Landlord, and Tenant shall reimburse Landlord as provided above for all costs incurred by Landlord in painting such items. If the Premises contains landscaped areas ("LANDSCAPED AREAS"), Landlord shall maintain the Landscaped Areasor any part thereof, and Tenant shall reimburse Landlord for all costs incurred by Landlord in maintaining the Landscaped Areas within ten (10) days after written demand by a manner reasonably satisfactory to Landlord; provided, however, Landlord shall have the right to estimate but not the monthly cost of maintaining the Landscaped Areasobligation, and upon giving Tenant shall pay such amount to Landlord as additional rent each month at the same time Tenant pays Base Rent. Tenant shall immediately give Landlord written reasonable notice of any repair or maintenance required by Landlord pursuant its election to this section, after which Landlord shall have a reasonable time do so (except in which to complete such repair or maintenance. Landlord shall have the right at any time, and from time to time, to elect upon written notice to Tenant to have Tenant perform some or all case of the Landlord Maintenance Items and/or the maintenance of the Landscaped Areas, emergency in which event no notice shall be required), to enter the Premises and make such repairs or perform such maintenance or replacements on behalf of and for the account of Tenant. Nothing herein contained shall imply any duty of Landlord to do any work that, under any provision of this Lease, Tenant is required to do, nor shall Landlord's performance of any repairs on behalf of Tenant constitute a waiver of Tenant's default in failing to do the same. No exercise by Landlord of any rights herein reserved shall entitle Tenant to any compensation, damages or abatement of Rent from Landlord for any injury or inconvenience occasioned thereby nor shall Landlord's rights hereunder relieve Tenant from liability for any damages resulting to other portions of the H&H Project, including the premises of other tenants, from Tenant's failure to comply with its obligations under Section 12.2. If Landlord performs any maintenance or other obligations that Tenant is required to perform under the terms of this Lease, Tenant shall employ contractors designated upon demand reimburse Landlord for the costs and expenses incurred by Landlord to perform such work and in doing the same (or shall pay for all such work at Tenantdeposit with Landlord the anticipated amounts thereof), plus Landlord's sole cost and expense, all in accordance with the requirements of section 11.1Administrative Fee.