Common use of Repair Obligations Clause in Contracts

Repair Obligations. Tenant shall; at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the portions of the Premises, including the Tenant Improvements in the Premises, and all other alterations, tenant fixtures and furnishings in the Premises (except the “Base Building,” as that term is defined in Section 8.2 of this Lease, and any Base Building systems and equipment), in good order, repair and condition at all times during the Lease Term, subject to reasonable wear and tear, and damage by casualty event or the negligence or misconduct of Landlord or any Landlord Party (defined below). In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to commence to make such repairs or replacements within thirty (30) days after notice from Landlord (except in cases of emergency in which no notice shall be required of Landlord) and diligently complete such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord actual, out-of-pocket costs thereof, arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after being billed for same (provided documentation evidencing the costs incurred by Landlord is provided to Tenant). Notwithstanding the foregoing, Landlord shall repair and maintain in first class condition and operating order the Project parking facilities, exterior landscaping and lighting, as well as the structural portions of the Building, including, but not limited to, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs parking areas, stairwells, escalators, elevator cabs, plazas, mechanical, electrical and telephone closets (collectively, the “Building Structure”) and the mechanical, electrical, life safety, plumbing, sprinkler systems (connected to the core) and base building HVAC systems (which shall in no event include any of the Tenant Repair Items) (collectively, the “Building Systems”), except to the extent such maintenance and repairs are caused by the act, neglect, fault or omission of any duty by Tenant or contractors, agents, servants, employees, invitees, guests or licensees of Tenant, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, subject to and in accordance with the provisions of Article 27 hereof, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Repair Obligations. If the Premises is damaged by fire or other casualty and Landlord does not terminate this Lease according to Section 10.1, then Landlord will repair and restore such damage with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord’s control. However, Landlord will not be required to spend more for such repair and restoration than the insurance proceeds available to Landlord as a result of the fire or other casualty. To the extent Tenant shall; at is responsible for insuring equipment, Tenant’s own expenseinventory and stock-in-trade, pursuant Tenant agrees, promptly upon notice from Landlord that Landlord is repairing the Building, to file such claims and pursue such repairs to the terms Premises in order to rebuild the equipment to reopen Tenant’s business within 20 days after the completion of Landlord’s repairs. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this LeaseLease if Landlord’s repairs and restoration are not in fact completed within the estimated time period, including without limitation Article 8 hereof, keep provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. If Landlord elects or is required to repair the portions of Building or the Premises, including the Tenant Improvements in the Premisesas applicable, and all other alterationsTenant does not elect to terminate this Lease if permitted to hereinabove, tenant fixtures and furnishings in the Premises (except the “Base Building,” as that term is defined in Section 8.2 of this Lease, and any Base Building systems and equipment), in good order, repair and condition at all times during the Lease Termand, subject to delays beyond Landlord’s reasonable wear and tearcontrol, and damage by casualty event or the negligence or misconduct of Landlord or any Landlord Party (defined below). In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to commence to make complete such repairs or replacements restoration within the later of (a) 365 days or (b) thirty (30) days after the estimated date of completion of repairs as set forth in the Repair Notice (the “Outside Repair Date”), then Tenant shall have the right to terminate this Lease upon written notice from to Landlord (except in cases at any time after the Outside Repair Date and prior to Landlord’s completion of emergency in which no the repairs and to the extent Landlord completes the repairs prior to receipt of such notice Tenant shall be required of Landlord) and diligently complete such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord actual, out-of-pocket costs thereof, arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after being billed for same (provided documentation evidencing deemed to have waived the costs incurred by Landlord is provided foregoing right to Tenant)terminate this Lease. Notwithstanding the foregoing, Landlord shall repair and maintain in first class condition and operating order the Project parking facilities, exterior landscaping and lighting, as well as the structural portions of the Building, including, but not limited to, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs parking areas, stairwells, escalators, elevator cabs, plazas, mechanical, electrical and telephone closets (collectively, the “Building Structure”) and the mechanical, electrical, life safety, plumbing, sprinkler systems (connected to the core) and base building HVAC systems (which shall in In no event include will Landlord be obligated to repair, restore or replace any of the Tenant Repair Items) (collectively, the “Building Systems”), except property required to the extent such maintenance and repairs are caused by the act, neglect, fault or omission of any duty be insured by Tenant or contractors, agents, servants, employees, invitees, guests or licensees of Tenant, in which event Tenant shall pay according to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, subject to and in accordance with the provisions of Article 27 hereof, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect9.2.

Repair Obligations. In the event the Leased Premises or the improvements thereon are damaged or destroyed by fire or other casualty and subject to the Leasehold Mortgagee (as defined in Article 22), if any, making any insurance proceeds available to Tenant shall; at (which Tenant shall diligently pursue with the Leasehold Mortgagee using Tenant’s own expense's reasonable efforts), Tenant shall promptly and with reasonable diligence and in no event later than one hundred eighty (180) days after such fire or other casualty, commence to repair, rebuild and restore such to substantially the same condition in which they were immediately prior to the happening of such casualty (the "Restoration Work"), and continue with due diligence until completion thereof. Rent and all other amounts payable to Landlord shall not be abated or reduced as a result of fire or other casualty. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not execute a Leasehold Mortgage (as defined in Article 22) of its interest in this Lease with any Leasehold Mortgagee unless such Leasehold Mortgage (i) provides that the Leasehold Mortgagee shall make all insurance proceeds available to Tenant for repair, rebuilding and/or restoration provided that Tenant is not then in default of its Leasehold Mortgage and (ii) provides that in the event that such Leasehold Mortgagee elects, pursuant to its rights under such Leasehold Mortgage, not to make insurance proceeds available for the restoration, repair or rebuilding of the improvements on the Leased Premises, then such Leasehold Mortgage shall provide that before the Leasehold Mortgage applies any such insurance proceeds against its loan balance, the Leasehold Mortgagee shall first use such portion or all such insurance proceeds as may be necessary to demolish and remove the remaining portion of the improvements from the Leased Premises to return the Leased Premises to essentially the condition that existed on the date hereof. If Tenant shall fail or refuse to commence the Restoration Work as provided above, Landlord may, at its option, (A) terminate this Lease, or (B) raze (or cause to be razed) any improvements on the Leased Premises, rough grade (or cause to be rough graded) the land on which the improvements had been built and restore (or cause to be restored) the cleared area to either a hard surface condition or a landscaped condition until a replacement building is erected, if ever, in accordance with the terms of this Lease, including without limitation Article 8 hereof, keep the portions of the Premises, including the lease. Tenant Improvements in the Premises, and all other alterations, tenant fixtures and furnishings in the Premises shall reimburse Landlord for any costs associated with (except the “Base Building,” as that term is defined in Section 8.2 of this Lease, and any Base Building systems and equipment), in good order, repair and condition at all times during the Lease Term, subject to reasonable wear and tear, and damage by casualty event or the negligence or misconduct of Landlord or any Landlord Party (defined below). In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to commence to make such repairs or replacements b) above within thirty (30) days after notice from Landlord Landlord's demand for payment thereof. In addition to all rights to terminate this Lease granted to the parties in this Section, if the Leased Premises (except in cases or improvements thereon) are destroyed or damaged during the last two (2) years of emergency in which no notice shall be required the Term to the extent that the cost to repair and restore the same is fifty percent (50% ) or more of Landlord) and diligently complete the value of the Leased Premises immediately prior to such repairsdamage or destruction, Landlord may, but need not, make such repairs and replacements, and then Tenant shall pay Landlord actual, out-of-pocket costs thereof, arising from Landlord’s involvement with have the right to terminate this Lease as of the date of such repairs and replacements damage or destruction by giving written notice thereof within thirty (30) days after being billed for same (provided documentation evidencing the costs incurred by Landlord is provided date of said damage or destruction. If this Lease shall be terminated pursuant to this Subsection, any annual minimum rental and other charges paid in advance shall be immediately refunded to Tenant). Notwithstanding the foregoing, Landlord shall repair and maintain in first class condition and operating order the Project parking facilities, exterior landscaping and lighting, as well as the structural portions of the Building, including, but not limited to, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs parking areas, stairwells, escalators, elevator cabs, plazas, mechanical, electrical and telephone closets (collectively, the “Building Structure”) and the mechanical, electrical, life safety, plumbing, sprinkler systems (connected to the core) and base building HVAC systems (which shall in no event include any of the Tenant Repair Items) (collectively, the “Building Systems”), except to the extent such maintenance and repairs are caused by the act, neglect, fault or omission of any duty by Tenant or contractors, agents, servants, employees, invitees, guests or licensees of Tenant, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, subject to and in accordance with the provisions of Article 27 hereof, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Repair Obligations. In the event of a fire or other casualty, Tenant shall; may, at Tenant’s own 's sole cost and expense, repair or restore any items included in Tenant's Work and all Alterations; provided, however, if (i) Tenant assigns to Landlord Tenant’s property and casualty insurance proceeds plus the amount of the deductible, if any, for all items included in Tenant's Work and Alterations to the extent paid for by Landlord, Tenant shall not be required to repair or restore the same; and (ii) if Tenant does not assign such property and casualty insurance proceeds, Landlord shall have no further obligation to repair or restore the Leased Premises pursuant to this Article 13, and Tenant may restore same at its sole cost and expense (provided, however, that Tenant may only elect not to restore same so long as Tenant continues to pay Rent to Landlord with respect to such damaged portion of the terms Leased Premises). In the event of this Leasea fire or other casualty, including without limitation Article 8 hereof, keep the Landlord shall be responsible for repairing or restoring all other portions of the Premises, including the Tenant Improvements Leased Premises not mentioned in the Premisesforegoing sentence to the extent of property and casualty insurance proceeds recovered with respect to said casualty. Tenant acknowledges that Landlord shall be entitled to the full proceeds of any property insurance coverage, and all other alterationswhether carried by Landlord or Tenant, tenant fixtures and furnishings for damage to those items or decorations which Landlord is obligated to repair, it being agreed that Tenant shall be entitled to the proceeds from any property insurance for items insured by Tenant which Landlord has no obligation to repair. Notwithstanding the foregoing to the contrary, in the Premises event this Lease is terminated in its entirety as a result of such casualty: (except the “Base Building,” as that term is defined in Section 8.2 i) all proceeds of this Lease, Landlord's insurance shall be payable to Landlord; and any Base Building systems and equipment), in good order, repair and condition at all times during the Lease Term, subject to reasonable wear and tear, and damage by casualty event or the negligence or misconduct of (ii) Tenant shall reimburse Landlord or any Landlord Party (defined below). In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject only for a sum equal to the prior approval amount of the unamortized portion of Landlord, and within any reasonable period of 's Maximum Contribution (determined at the time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to commence to make such repairs or replacements within thirty (30) days after notice from Landlord (except in cases of emergency in which no notice shall be required of Landlord) and diligently complete such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord actual, out-of-pocket costs thereof, arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after being billed for same (provided documentation evidencing the costs incurred by Landlord is provided to Tenantcasualty occurs). Notwithstanding the foregoingforegoing to the contrary, in the event this Lease is terminated as to only a portion of the Leased Premises ("Terminated Premises") as a result of such casualty, then with respect to the Terminated Premises: (i) all proceeds of Landlord's insurance relative to the Terminated Premises shall be payable to Landlord; and (ii) Tenant shall reimburse Landlord only for a sum which is equal to the amount of the unamortized portion of Landlord's Maximum Contribution (determined at the time such casualty occurs) applicable to the Terminated Premises. Thus, by way of example, if the Lease is terminated with respect to the entire second floor only, (i) Landlord shall repair receive all proceeds of Landlord's insurance relative to the second floor; and maintain in first class condition (ii) Tenant shall reimburse Landlord for the unamortized portion of Two Million Seven Hundred Thirty Five Thousand One Hundred and operating order Twenty and 00/100 Dollars ($2,735,120.00) (determined at the Project parking facilities, exterior landscaping and lighting, as well as the structural portions of the Building, including, but not limited to, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shaftstime such casualty occurs), stairs parking areas, stairwells, escalators, elevator cabs, plazas, mechanical, electrical and telephone closets which amount represents that portion Landlord's Maximum Contribution (collectively, the “Building Structure”$80.00 per Rentable Square Foot) and the mechanical, electrical, life safety, plumbing, sprinkler systems (connected applicable to the core) and base building HVAC systems second floor (which shall in no event include any consists of the Tenant Repair Items) (collectively, the “Building Systems”34,189 Rentable Square Feet), except to the extent such maintenance and repairs are caused by the act, neglect, fault or omission of any duty by Tenant or contractors, agents, servants, employees, invitees, guests or licensees of Tenant, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, subject to and in accordance with the provisions of Article 27 hereof, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.