Repair by Landlord. Tenant will immediately notify Landlord of fire or other casualty in the Premises. If the Premises are damaged by fire or other casualty and unless this Lease is terminated as hereinafter provided, Landlord will proceed with reasonable diligence to repair the so-called “shell” of the Premises and any leasehold improvements originally installed by Landlord. Landlord’s obligation to repair is subject to (i) delays which may arise by reason of adjustment of loss under insurance policies, including, without limitation, Tenant’s policy for leasehold improvements and betterments described in Section 8.1 of this Lease, and (ii) other delays beyond Landlord’s reasonable control. Xxxxxxxx’s obligation to repair will be limited to the extent of insurance proceeds actually available to Landlord for repairs after the election by the holder of any mortgage against the Building to apply a portion or all of the proceeds against the debt owing to such holder. Until Landlord’s repairs to the Premises are completed, the Base Annual Rent and additional rent will xxxxx in proportion to the part of the Premises, if any, that is rendered untenantable.
Repair by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and building structure of the Leased Premises in a good state of repair, and shall accomplish such repairs as may be needed promptly after receipt of written notice from Tenant. If repairs are required by reason of Tenant’s acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 16 or 28, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a part, or in or to fixtures, appurtenances and equipment therein. In no event shall Landlord be liable to Tenant for any damage to the Leased Premises or for any loss, damage or injury to any property therein or thereon resulting from acts by other third parties or occasioned by fire; explosion; falling plaster; the breaking, bursting, stoppage or leaking of water, gas, sewer, electrical cables, wires or steam pipes; or from water, rain, or other substances leaking or coming from the roof, street, subsurface or from any other place or from dampness or from any similar risks or causes. Landlord shall not be liable for any loss or damage to any person or property sustained by Tenant or any other persons, which may be caused by theft, or by any act or neglect of any tenant or occupant of Bellevue Place, or of any other third parties.
Repair by Landlord. Except where Landlord or Tenant elects to terminate this Lease as hereinafter provided, Landlord shall use reasonable diligence to repair any casualty to the Premises, Building or Common Areas to the extent of available insurance proceeds (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained by Landlord under this Lease), subject to delays and adjustment of insurance proceeds (provided that Tenant shall be responsible for the repair of Tenant's furniture, fixtures, equipment and personal property). In the event of the total destruction of the Premises or Project, or in the event of the partial destruction of the Premises or Project which is the result of an event not required to be covered by the insurance to be maintained by Landlord pursuant to this Lease and the costs of repair of which exceed five percent (5%) of the replacement cost of the Building, or requiring repair for which Landlord is unable (despite the exercise of commercially reasonable efforts) to obtain necessary governmental permits or approvals without being subject to unreasonable expense or condition, then Landlord shall have the right to elect to terminate this Lease by written notice to Tenant delivered within ninety (90) days following the occurrence of the casualty, unless (in the case of uninsured casualty damage) Tenant elects by written notice delivered to Landlord within twenty (20) days following Landlord's election to so terminate, to pay the amount by which Landlord's costs of repair of the Building not covered by Landlord's insurance exceed five percent (5%) of the replacement cost of the Building, in which case Landlord's election to terminate shall be nullified and Tenant shall be responsible for such costs in accordance with customary construction funding disbursement procedures. The proceeds from any insurance paid by reason of damage to or destruction of the Project or any part thereof insured by Landlord, shall belong to and be paid to Landlord. Tenant shall not be entitled to any compensation or damages from Landlord or Landlord's insurance provider for loss in the use of the whole or any part of the Premises and/or any inconvenience or annoyance by such damage, repair, reconstruction or restoration.
Repair by Landlord. If Landlord is required or elects to repair the Demised Premises, then Landlord’s obligation shall be limited to the repair and restoration of the Demised Premises to substantially the same condition that the Demised Premises were in when possession was originally delivered to Tenant. Landlord shall make the repairs as expeditiously as reasonable, subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Landlord’s control. Upon completion of such work, Tenant shall, at Tenant’s expense, promptly restore the remainder of the Demised Premises to substantially the same condition as existed prior to the Casualty.
Repair by Landlord. If there is moisture penetration into the premises which causes the Tenant’s enjoyment of the premises to be unreasonably affected or interrupted, the Landlord must, following notification to it by the Tenant about the moisture penetration, repair and, if necessary, modify the building to stop the moisture penetration re-occurring.
Repair by Landlord. Upon the failure of the Tenant to undertake any repairs or to do anything which is required of it by this Lease, the Landlord may carry out such repairs or do such things and the Landlord shall be entitled to recover on demand from the Tenant the cost thereof.
Repair by Landlord. If the Premises shall be damaged or injured by any cause covered by Landlord’s insurance, Landlord shall either (i) to the extent sufficient insurance proceeds have been received by Landlord, effect the repair thereof as promptly as reasonably possible, delays beyond Landlord’s control excepted, and this Lease shall remain in full force and effect, or (ii) notify Tenant that Landlord elects to terminate this Lease no later than one hundred eighty (180) days after the date of damage or injury to the Premises. Under no circumstances shall Landlord be required to replace or repair Tenant’s stock in trade, fixtures, furniture, furnishings, equipment, leasehold improvements or other such items. In addition to the foregoing, each party shall have such rights and remedies as are contained in the Work Letter with respect to any casualty, injury, or damage to the Improvements which occurs during construction thereof.
Repair by Landlord. Landlord shall keep and maintain in good repair the foundation, exterior walls, floors and roof of the building in which the Premises are located exclusive of doors, door frames, door checks, door locks, windows and window frames located in exterior building walls. Landlord shall not, however, be required to make any such repairs when such repairs are the result of misuse or neglect by Tenant, its agents, employees, invitees, licensees or contractors, except to the extent covered by Premises insurance. Any repairs required to be made by reason of such Tenant misuse or neglect shall be the responsibility of Tenant, the above provisions to the contrary notwithstanding, except to the extent covered by Premises insurance. Except as provided herein, Landlord shall have no obligation to alter or modify the Premises, or any part thereof, or to repair and maintain any plumbing, heating, electrical, air-conditioning or other mechanical installation in the Premises. Under no circumstances shall Landlord be obligated to repair, replace or maintain any plate glass or door or window glass no matter what the cause, except to the extent covered by Premises insurance.
Repair by Landlord. If all or any part of the Premises are damaged by fire or other catastrophe covered by any insurance policy carried by Landlord, Landlord shall repair or replace the damaged part of the Premises to its condition immediately prior to the occurrence. The repair or replacement shall be commenced and completed within a reasonable time after the occurrence. Landlord's liability with respect to the obligation to repair or replace shall be limited to the extent of the proceeds of any insurance policy carried by Landlord, which policy shall have minimum limits required by this Lease.
Repair by Landlord. All of Tenant's obligations to maintain and repair shall be accomplished at Tenant's sole expense. If Tenant refuses or neglects to repair properly as required hereunder and to the reasonable satisfaction of Landlord, Landlord may, on ten (10) days prior notice (except that no notice shall be required in case of emergency) enter the Premises and perform such repair and maintenance on behalf of Tenant without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus fifteen (15%) for administrative and overhead expense, upon presentation of a bill xxxrefor, as Rent. Said bill xxxll include interest at the Lease Interest Rate on said costs from the date of completion of repairs by Landlord. Except as provided in Article 14, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements under this Lease. 09/03/97 14 Landlord Initials: /s/ J.A.B. Tenant Initials: /s/ L.D.S.
