Common use of Repair Obligation Clause in Contracts

Repair Obligation. Subject to the terms and conditions of this Lease, Landlord shall maintain in good operating repair (which may be effected by Landlord’s replacement of worn-out items) and condition, reasonable wear and tear and damage by fire or casualty excepted, (i) the structural portions of the Building, (ii) the exterior wall of the Building, including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located within the Leased Premises that does not exclusively serve the Leased Premises), and (v) Common Areas, Building Common Areas and General Common Areas. Upon reasonable prior notice to Tenant (which may be given orally or in writing, except in the case of an emergency when no such notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems, or common areas, and/or the visibility of the affected areas outside of the Leased Premises), Landlord shall have the right, but not the obligation, to undertake maintenance or repair work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenant’s failure to perform its repair obligations hereunder.

Repair Obligation. Subject to the terms and conditions provisions of this LeaseArticle V, Landlord shall maintain in good operating be obligated to maintain, repair and, as necessary, replace (which may or to cause to be effected by Landlord’s replacement of worn-out items) and conditionmaintained, reasonable wear and tear and damage by fire repaired or casualty exceptedreplaced), consistent with maintaining the Building as a first class office building, only the following: (i) the structural portions of the Building, (ii) the exterior wall of the Building, including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems, serving to the perimeter of the Leased Premises (together with any base building equipmentPremises, if any, located within the Leased Premises that does not exclusively serve the Leased Premises), and (v) Common Areas, Building Common Areas and General Common Areas, and (vi) any damage caused to the Leased Premises by any act or omission of Landlord or Landlord Responsible Parties. Upon If, within ten (10) Business Days after notice from Tenant, Landlord shall fail or refuse to either (a) commence diligently work of repair which Landlord is required to perform pursuant to clause (vi) of this Section 3.06, or (b) provide Tenant with an explanation of why such work of repair has not been commenced, then, so long as such work does not affect the items referred to in items (i) through (v) of this Section 3.04 and does not affect other tenants of the Project, Tenant shall have the right, but not the obligation, to perform such work and all reasonable prior costs incurred by Tenant in performing such work shall be repaid by Landlord within ten (10) days of Landlord’s receipt of an invoice therefor. If Tenant shall fail or refuse to commence diligently work of repair which Tenant is required to perform pursuant to Section 4.03 within ten (10) Business Days after notice to Tenant from Landlord (which may be given orally or in writing, except in the case cases of an emergency when emergency, in which event no such prior notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems), or common areasTenant does not thereafter diligently pursue such work of repair to completion, and/or the visibility of the affected areas outside of the Leased Premises), then Landlord shall have the right, but not the obligation, to undertake maintenance or repair perform such work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair work for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenanteffort. Landlord agrees to use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason of any work performed pursuant to Landlord’s failure to perform its repair obligations hereundercontained in this Section 3.06.

Repair Obligation. Subject to the terms and conditions provisions of this LeaseArticle V, Landlord shall maintain in good operating be obligated to maintain, repair and, as necessary, replace, (which may or to cause to be effected by Landlord’s replacement of worn-out items) and conditionmaintained, reasonable wear and tear and damage by fire repaired or casualty exceptedreplaced), consistent with maintaining the Building as a first class office building, only the following: (i) the structural portions of the Building, (ii) the exterior wall walls of the BuildingBuilding (which shall include walls facing the Winter Garden as if the same were exterior walls), including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systemssystems located in the Building, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located whether within the Leased Premises that does not exclusively serve or otherwise, (v) the Leased Premises)Common Areas and the Project Operational Common Areas, and (vi) any damage caused to the Leased Premises by any act or omission of Landlord or Landlord Responsible Parties. If, within ten (10) Business Days after notice from Tenant, Landlord shall fail or refuse to either (a) commence diligently work of repair which Landlord is required to perform pursuant to clause (vi) of this Section 3.04, or (b) provide Tenant with an explanation of why such work of repair has not been commenced, then, so long as such work does not affect the items referred to in items (i) through (v) Common Areasof this Section 3.04 and does not affect other tenant’s of the Project, Building Common Areas Tenant shall have the right, but not the obligation, to perform such work and General Common Areasall reasonable costs incurred by Tenant in performing such work shall be repaid by Landlord within (10) days of Landlord’s receipt of an invoice therefor. Upon reasonable prior If Tenant shall fail or refuse to commence diligently work of repair which Tenant is required to perform pursuant to Section 4.03 within ten (10) Business Days after notice to Tenant from Landlord (which may be given orally or in writing, except in the case cases of an emergency when emergency, in which event no such prior notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems), or common areasTenant does not thereafter diligently pursue such work of repair to completion, and/or the visibility of the affected areas outside of the Leased Premises), then Landlord shall have the right, but not the obligation, to undertake maintenance or repair perform such work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair work for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenanteffort. Landlord agrees to use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason of any work performed pursuant to Landlord’s failure to perform its repair obligations hereundercontained in this Section 3.04.

Repair Obligation. Subject to the terms and conditions provisions of this LeaseArticle V, Landlord shall maintain in good operating be obligated to maintain, repair and, as necessary, replace, (which may or to cause to be effected by Landlord’s replacement of worn-out items) and conditionmaintained, reasonable wear and tear and damage by fire repaired or casualty exceptedreplaced), consistent with maintaining the Building as a first class office building, only the following: (i) the structural portions of the Building, (ii) the exterior wall walls of the BuildingBuilding (which shall include walls facing the Winter Garden as if the same were exterior walls), including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systemssystems located in the Building, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located whether within the Leased Premises that does not exclusively serve or otherwise, (v) the Leased Premises)Common Areas and the Project Operational Common Areas, and (vi) any damage caused to the Leased Premises by any act or omission of Landlord or Landlord Responsible Parties. If, within ten (10) Business Days after notice from Tenant, Landlord shall fail or refuse to either (a) commence diligently work of repair which Landlord is required to perform pursuant to clause (vi) of this Section 3.04, or (b) provide Tenant with an explanation of why such work of repair has not been commenced, then, so long as such work does not affect the items referred to in items (i) through (v) Common Areasof this Section 3.04 and does not affect other tenant's of the Project, Building Common Areas Tenant shall have the right, but not the obligation, to perform such work and General Common Areasall reasonable costs incurred by Tenant in performing such work shall be repaid by Landlord within (10) days of Landlord's receipt of an invoice therefor. Upon reasonable prior If Tenant shall fail or refuse to commence diligently work of repair which Tenant is required to perform pursuant to Section 4.03 within ten (10) Business Days after notice to Tenant from Landlord (which may be given orally or in writing, except in the case cases of an emergency when emergency, in which event no such prior notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems), or common areasTenant does not thereafter diligently pursue such work of repair to completion, and/or the visibility of the affected areas outside of the Leased Premises), then Landlord shall have the right, but not the obligation, to undertake maintenance or repair perform such work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair work for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenant’s failure effort. Landlord agrees to perform its use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason of any work performed pursuant to Landlord's repair obligations hereundercontained in this Section 3.04.

Repair Obligation. Subject to the terms and conditions of this Lease, Landlord Landlord’s shall maintain and repair in good operating repair (which may be effected by Landlord’s replacement of worn-out items) condition and condition, reasonable wear and tear and damage by fire or casualty excepted, working order: (i) the structural portions of the Building, ; (ii) the exterior wall walls of the Building, including exterior glass and glazing, glazing (including the sealing thereof); (iii) the roof, roof (including the sealing thereof); (iv) base Building mechanical, electrical, plumbing and life safety systems, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located within the Leased Premises that does not exclusively serve the Leased Premises), and ; (v) the Building’s cooling tower, boiler, and closed circuit cooling tower and hot water system; (vi) the water-source heat pump unit(s) in the Premises connected to the Building’s closed circuit cooling tower and hot water system; (vii) the Common Areas, Building Common Areas ; (viii) the Project parking garage; (ix) landscaped areas; and General Common Areas(x) the elevators. Upon reasonable prior Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice to Tenant (which may be given orally or in writing, except in of the case of an emergency when no such notice shall be required, it being acknowledged that the reasonableness need of such prior notice may take into accountrepairs or maintenance is given to Landlord by Tenant. However, among other thingsLandlord shall not have any obligation to repair damage caused by Tenant, its agents, employees, contractors, invitees or licensees, and Tenant shall pay the risk costs of such repairs subject to persons or property, the potential adverse effect on other tenants, building systems, or common areas, and/or the visibility of the affected areas outside of the Leased Premises)Section 11.5. Further, Landlord shall have the right, but not the obligation, to undertake maintenance or work of repair work which Tenant is required to perform pursuant to Section 4.04 under this Lease and which Tenant fails or refuses to perform in a timely and efficient manner; and . Tenant shall reimburse Landlord upon demand, as Additional Rent, for all costs reasonably incurred by Landlord in performing any such repair for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demandTenant, together with an amount equal to ten percent (10%) of such costs, costs to reimburse Landlord for its administration and managerial effort arising effort. Except as specifically set forth in this Lease, Landlord shall have no obligation whatsoever to maintain or repair the Premises or the Project. The parties intend that the terms of this Lease govern their respective maintenance and repair obligations. Landlord reserves the right from time to time, so long as reasonable access and basic services to the Premises remain available, to install, use, maintain, repair, relocate and/or replace pipes, conduits, wires and equipment within and around the Building and to do and perform such other acts and make such other changes in, to or with respect to the Building or the Project (including without limitation with respect to the driveways, garage, walkways and entrances to the Project) as Landlord may, in the exercise of sound business judgment, deem to be appropriate. In connection therewith, Landlord shall have the right to close temporarily any of the Common Areas so long as reasonable access to the Premises remains available. In exercising these rights, Landlord shall make commercially reasonable efforts to minimize the impact on Tenant’s failure use and occupancy of the Premises. Landlord shall not be liable to perform its repair Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed in the Premises or in the Building pursuant to Landlord’s rights and obligations hereunderunder this Lease. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant the right to make repairs at the expense of Landlord.