Common use of Repair of the Premises Clause in Contracts

Repair of the Premises. Lessor shall warrant the Lessor's work for the greater of (i) one (1) year from the Delivery Date or (ii) the period of time that such work is covered by warranty. Tenant agrees that, thereafter as to Lessor's Work and during the Lease Term as to items not part of Lessor's Work, except as otherwise provided in this Article 10, it will perform all necessary non-structural interior repairs to the Premises, including repair or replacement of damaged or broken doors and windows and routine maintenance of the heating, ventilating, air-conditioning, plumbing, gas, electrical and similar systems which are located in and exclusively the Premises. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant shall not be required to make any repairs which are the responsibility of Lessor pursuant to this Article 10 or elsewhere under this Lease. As and to the extent specified herein and to the extent not caused by Tenant's negligent or willful act or omission, Lessor shall (i) make all structural repairs to the Premises, whether interior or exterior, keep the Premises watertight, and shall repair, replace and maintain in good condition the exterior of the Premises including without limitation the slab, roof, walls, foundations, gutters, utility lines from the point of connection to the Premises to the main line, and downspouts; (ii) make all necessary replacements of obsolete or unrepairable heating, ventilation, air conditioning, plumbing, gas, electrical and other systems and components thereof which service all or any part of the Premises; (iii) make all repairs to the Premises necessitated by fire, casualty or the elements as provided in Article 19; and (iv) make any repairs to the Premises necessitated by any neglect, fault or default of Lessor, its agents, employees or contractors. In performing its obligations under this Article 10, Lessor shall not unreasonably interfere with Tenant's normal business operations. If Lessor fails to undertake and complete the repairs required under this Article 10 or elsewhere under this Lease within a reasonable time after written notice from Tenant, Tenant shall have the right to make such repairs on behalf of Lessor and, if the reasonable cost thereof, plus five percent 5% of such cost to cover its overhead and administrative costs is not paid by Lessor within thirty (30) days of billing thereof (together with invoice(s) for same), Tenant may deduct same from the fixed rent and other charges otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Lessor agrees that in the event of an emergency which necessitates prompt maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired to replaced by Lessor, and Tenant is unable to contact Lessor and advise it of such emergency condition, Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Lessor agrees to reimburse Tenant for the cost of such repairs, plus five percent (5%) of such cost for Tenant's overhead and administrative costs, on demand. If Lessor does not reimburse Tenant within 60 days of written demand and submission of proof of expenditure, then Tenant may deduct such amount from the fixed rent and other charges otherwise payable hereunder. If at any time during the term of this Lease or any extension thereof any governmental agency or other authority with jurisdiction over the Premises requires structural modification or repairs of the Premises which are necessitated by reasons other than Tenant's peculiar use of the Premises, all such repairs, alterations, and additions or remodeling shall be at Lessor's sole cost and expense; provided however, if (i) the repair, alteration or remodelling is so required during the last twenty four (24) months of the Lease Term; or (ii) if at any time during the Lease Term, the cost of same would exceed one hundred twenty percent (120%) of one month's fixed rent, at the time or (iii) if same occurs during the Initial Term and

Repair of the Premises. Lessor Tenant shall warrant promptly notify Landlord in writing (a "DAMAGE NOTICE") of any casualty event, damage or condition to which this Article 12 is or may be applicable. Landlord shall, within a reasonable time after the Lessordiscovery by Landlord of any damage resulting from any casualty event ("CASUALTY"), subject to reasonable delays for insurance adjustment or other matters beyond Landlord's work for reasonable control, and subject to all other terms of this Article 12, begin to repair the greater of (i) one (1) year damage to the Project and the Premises resulting from such Casualty and shall proceed with reasonable diligence to restore the Delivery Date or (ii) Project and Premises to substantially the period of time that same condition as existed immediately before such work is covered by warranty. Tenant agrees that, thereafter as to Lessor's Work and during the Lease Term as to items not part of Lessor's WorkCasualty, except as otherwise provided in this Article 10for modifications required by applicable Laws or covenants, it will perform all necessary non-structural interior repairs conditions and restrictions, and modifications to the PremisesBuilding or the Project deemed desirable in good faith by Landlord; provided, including repair or replacement of damaged or broken doors and windows and routine maintenance of the heatinghowever, ventilating, air-conditioning, plumbing, gas, electrical and similar systems which are located in and exclusively the Premises. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant Landlord shall not be required to make repair or replace any repairs of the Alterations, furniture, equipment, fixtures, and other improvements which are may have been placed by, or at the responsibility request of, Tenant or other occupants in the Project or the Premises. Landlord shall have no liability for any inconvenience or annoyance to Tenant or injury to Tenant's business as a result of Lessor pursuant to this any Casualty, or Landlord's Restoration (defined in Section 12.2) activities hereunder, regardless of the cause therefor. Base Rent and Additional Rent, payable under Article 10 or elsewhere under this Lease. As 4, shall xxxxx if and to the extent specified herein a Casualty damages the Premises and as a result thereof all or any material portion of the Premises are rendered unfit for occupancy, and are not occupied by Tenant, for the period of time commencing on the date Tenant vacates the portion of the Premises affected on account thereof and continuing until the date the Restoration to be performed by Landlord hereunder with respect to the extent not caused Premises is substantially complete, as determined by Landlord's architect; provided, however, that such abatement shall be limited to the proceeds of rental interruption insurance proceeds with respect to the Premises and such Casualty collected by Landlord. Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's negligent or willful act or omission, Lessor shall (i) make all structural repairs insurance required under this Lease with respect to the leasehold improvements in the Premises, whether interior or exterior, keep the Premises watertight, and shall repair, replace and maintain in good condition the exterior of the Premises including without limitation the slab, roof, walls, foundations, gutters, utility lines from the point of connection to the Premises to the main line, and downspouts; (ii) make all necessary replacements of obsolete or unrepairable heating, ventilation, air conditioning, plumbing, gas, electrical and other systems and components thereof which service all or any part of the Premises; (iii) make all repairs to the Premises necessitated by fire, casualty or the elements as provided in Article 19; and (iv) make any repairs to the Premises necessitated by any neglect, fault or default of Lessor, its agents, employees or contractors. In performing its obligations under this Article 10, Lessor shall not unreasonably interfere with Tenant's normal business operations. If Lessor fails to undertake and complete the repairs required under this Article 10 or elsewhere under this Lease within a reasonable time after written notice from Tenant, Tenant shall have the right to make such repairs on behalf of Lessor andthat, if the reasonable cost thereof, plus five percent 5% of such cost to cover its overhead and administrative costs is not paid by Lessor within thirty (30) days Restoration of billing thereof (together with invoice(s) for same), Tenant may deduct same from the fixed rent and other charges otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Lessor agrees that improvements in the event Premises by Landlord exceeds the amount of an emergency which necessitates prompt maintenance, repair or replacement of items which are otherwise required insurance proceeds received by this Lease to be maintained, repaired to replaced by Lessor, and Tenant is unable to contact Lessor and advise it of such emergency condition, Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Lessor agrees to reimburse Tenant for the cost of such repairs, plus five percent (5%) of such cost for Landlord from Tenant's overhead and administrative costsinsurance carrier, on demand. If Lessor does not reimburse Tenant within 60 days of written demand and submission of proof of expenditure, then Tenant may deduct such amount from the fixed rent and other charges otherwise payable hereunder. If at any time during the term of this Lease or any extension thereof any governmental agency or other authority with jurisdiction over the Premises requires structural modification or repairs of the Premises which are necessitated as assigned by reasons other than Tenant's peculiar use of the Premises, all such repairs, alterations, and additions or remodeling shall be at Lessor's sole cost and expense; provided however, if (i) the repair, alteration or remodelling is so required during the last twenty four (24) months of the Lease Term; or (ii) if at any time during the Lease Term, the cost of same would exceed one hundred twenty percent (120%) repairs to such improvements shall be paid by Tenant to Landlord prior to Landlord's repair of one monththe damage, or at Landlord's fixed rentelection, at the any later time or (iii) if same occurs during the Initial Term andfollowing Landlord's discovery of any insufficiency of such insurance proceeds.

Repair of the Premises. Lessor shall warrant If the Lessor's work for the greater cost of (i) one (1) year from the Delivery Date or (ii) the period repair of time that such work any Casualty is covered by warrantyunder one or more of the insurance policies Landlord is required herein to provide, then, Landlord shall restore the base core and shell of the Premises to its condition prior to the Casualty and repair and/or replace the Improvements previously installed in the Premises, to a maximum of $35.00 per usable square foot. Tenant agrees thatshall have the option to either, thereafter as at Tenant's sole expense, complete the balance of repairs needed to Lessorrestore the Improvements contained in the Premises to their condition prior to the Casualty or to continue Tenant's Work and during normal business operations in the Lease Term as Premises in the condition to items not part of Lessor's Work, except as otherwise provided in this Article 10, it will perform all necessary non-structural interior which Landlord has so restored the Improvements. If Landlord has elected to complete repairs to the Premises, including repair or replacement of damaged or broken doors and windows and routine maintenance of has not elected to terminate this Lease, as specified in Section 12.3, then Landlord shall complete such repairs within the heatingRepair Period, ventilating, air-conditioning, plumbing, gas, electrical and similar systems which are located in and exclusively the Premises. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant shall not be required to make any repairs which are the responsibility of Lessor pursuant to this Article 10 or elsewhere under this Lease. As and to the extent specified herein and to the extent not caused by Tenant's negligent or willful act or omission, Lessor shall (i) make all structural repairs to the Premises, whether interior or exterior, keep the Premises watertightmanner, and shall repairat times, replace and maintain in good condition the exterior of the Premises including without limitation the slab, roof, walls, foundations, gutters, utility lines from the point of connection to the Premises to the main line, and downspouts; (ii) make all necessary replacements of obsolete or unrepairable heating, ventilation, air conditioning, plumbing, gas, electrical and other systems and components thereof which service all or any part of the Premises; (iii) make all repairs to the Premises necessitated by fire, casualty or the elements as provided in Article 19; and (iv) make any repairs to the Premises necessitated by any neglect, fault or default of Lessor, its agents, employees or contractors. In performing its obligations under this Article 10, Lessor shall do not unreasonably interfere with Tenant's normal business operationsuse of that portion of the Premises remaining unaffected by the Casualty. If Lessor fails Provided Landlord has elected to undertake and complete make the repairs required under this Article 10 or elsewhere under hereunder, this Lease within a reasonable time after written notice shall not be void or voidable during the Repair Period, nor shall Landlord be deemed to have constructively evicted Tenant thereby, nor shall Landlord be liable for any inconvenience or annoyance to Tenant or Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, or for injury to the business of Tenant resulting in any way from Tenantsuch Casualty, Tenant shall have the right to make or from Landlord's undertaking of such repairs on behalf of Lessor and, if in accordance with the reasonable cost thereof, plus five percent 5% of such cost to cover its overhead and administrative costs is not paid by Lessor within thirty (30) days of billing thereof (together with invoice(s) for same), Tenant may deduct same from the fixed rent and other charges otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Lessor agrees that in the event of an emergency which necessitates prompt maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired to replaced by Lessor, and Tenant is unable to contact Lessor and advise it of such emergency condition, Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Lessor agrees to reimburse Tenant for the cost of such repairs, plus five percent (5%) of such cost for Tenant's overhead and administrative costs, on demand. If Lessor does not reimburse Tenant within 60 days of written demand and submission of proof of expenditure, then Tenant may deduct such amount from the fixed rent and other charges otherwise payable hereunder. If at any time during the term terms of this Lease or any extension thereof any governmental agency or other authority with jurisdiction over the Premises requires structural modification or repairs of the Premises which are necessitated by reasons other than Tenant's peculiar use of the Premises, all such repairs, alterations, and additions or remodeling shall be at Lessor's sole cost and expense; provided however, if (i) the repair, alteration or remodelling is so required during the last twenty four (24) months of the Lease Term; or (ii) if at any time during the Lease Term, the cost of same would exceed one hundred twenty percent (120%) of one month's fixed rent, at the time or (iii) if same occurs during the Initial Term andLease.

Repair of the Premises. Lessor Tenant shall warrant promptly notify Landlord in writing (a "Damage Notice") of any casualty event, damage or condition to which this Article 12 is or may be applicable. Landlord shall, within a reasonable time after the Lessordiscovery by Landlord of any damage resulting from any casualty event ("Casualty"), subject to reasonable delays for insurance adjustment or other matters beyond Landlord's work for reasonable control, and subject to all other terms of this Article 12, notify Tenant of Landlord's good faith best estimate of the greater of time required to repair such damage in the manner described herein (i) one (1) year from the Delivery Date or (ii) the period of time that such work is covered by warranty. Tenant agrees "Landlord's Repair Notice"), provided that, in all events, Landlord must deliver Landlord's Repair Notice no later than sixty (60) days after the date of the Casualty. Landlord shall thereafter begin to repair the damage to the Project and the Premises resulting from such Casualty and shall proceed with reasonable diligence to restore the Project and Premises to substantially the same condition as to Lessor's Work and during the Lease Term as to items not part of Lessor's Workexisted immediately before such Casualty, except as otherwise provided in this Article 10for modifications required by applicable Laws or covenants, it will perform all necessary non-structural interior repairs conditions and restrictions, and modifications to the PremisesBuilding or the Project deemed reasonably desirable in good faith by Landlord; provided, including repair or replacement of damaged or broken doors and windows and routine maintenance of the heatinghowever, ventilating, air-conditioning, plumbing, gas, electrical and similar systems which are located in and exclusively the Premises. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant Landlord shall not be required to make repair or replace any repairs of the Alterations, furniture, equipment, fixtures, and other improvements which are may have been placed by, or at the responsibility of Lessor request of, Tenant or other occupants in the Project or the Premises other than those Tenant Improvements constructed by Landlord pursuant to this the Work Letter. Landlord shall have no liability for any inconvenience or annoyance to Tenant or injury to Tenant's business as a result of any Casualty, or Landlord's Restoration (defined in Section 12.2) activities hereunder, regardless of the cause therefor. Base Rent, and Additional Rent payable under Article 10 or elsewhere under this Lease. As 4, shall xxxxx if and to the extent specified herein a Casualty damages the Premises and as a result thereof all or any material portion of the Premises are rendered unfit for occupancy, and are not occupied by Tenant, for the period of time commencing on the date Tenant vacates the portion of the Premises affected on account thereof and continuing until the date the Restoration to be performed by Landlord hereunder with respect to the extent not caused Premises is substantially complete, as determined by Landlord's architect; provided, however, that such abatement shall be limited to the proceeds of rental interruption insurance proceeds with respect to the Premises and such Casualty collected by Landlord. Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's negligent or willful act or omission, Lessor shall (i) make all structural repairs insurance required under this Lease with respect to the leasehold improvements in the Premises, whether interior or exterior, keep the Premises watertight, and shall repair, replace and maintain in good condition the exterior of the Premises including without limitation the slab, roof, walls, foundations, gutters, utility lines from the point of connection to the Premises to the main line, and downspouts; (ii) make all necessary replacements of obsolete or unrepairable heating, ventilation, air conditioning, plumbing, gas, electrical and other systems and components thereof which service all or any part of the Premises; (iii) make all repairs to the Premises necessitated by fire, casualty or the elements as provided in Article 19; and (iv) make any repairs to the Premises necessitated by any neglect, fault or default of Lessor, its agents, employees or contractors. In performing its obligations under this Article 10, Lessor shall not unreasonably interfere with Tenant's normal business operations. If Lessor fails to undertake and complete the repairs required under this Article 10 or elsewhere under this Lease within a reasonable time after written notice from Tenant, Tenant shall have the right to make such repairs on behalf of Lessor and, that if the reasonable cost thereof, plus five percent 5% of such cost to cover its overhead and administrative costs is not paid by Lessor within thirty (30) days of billing thereof (together with invoice(s) for same), Tenant may deduct same from the fixed rent and other charges otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Lessor agrees that in the event of an emergency which necessitates prompt maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired to replaced by Lessor, and Tenant is unable to contact Lessor and advise it of such emergency condition, Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Lessor agrees to reimburse Tenant for the cost of such repairs, plus five percent (5%) Restoration of such cost for improvements in the Premises by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's overhead and administrative costsinsurance carrier, on demand. If Lessor does not reimburse Tenant within 60 days of written demand and submission of proof of expenditure, then Tenant may deduct such amount from the fixed rent and other charges otherwise payable hereunder. If at any time during the term of this Lease or any extension thereof any governmental agency or other authority with jurisdiction over the Premises requires structural modification or repairs of the Premises which are necessitated as assigned by reasons other than Tenant's peculiar use of the Premises, all such repairs, alterations, and additions or remodeling shall be at Lessor's sole cost and expense; provided however, if (i) the repair, alteration or remodelling is so required during the last twenty four (24) months of the Lease Term; or (ii) if at any time during the Lease Term, the cost of same would exceed one hundred twenty percent (120%) repairs to such improvements shall be paid by Tenant to Landlord prior to Landlord's repair of one monththe damage, or at Landlord's fixed rentelection, at the any later time or (iii) if same occurs during the Initial Term andfollowing Landlord's discovery of any insufficiency of such insurance proceeds.

Repair of the Premises. Lessor Tenant shall warrant promptly notify Landlord in writing (a “Damage Notice”) of any casualty event, damage or condition to which this Article 16 is or may be applicable. Landlord shall, within a reasonable time after the Lessor's work discovery by Landlord of any damage resulting from any casualty event (“Casualty”), subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, and subject to all other terms of this Article 16, begin to repair the greater of (i) one (1) year damage to the Premises resulting from such Casualty and shall proceed with reasonable diligence to restore the Delivery Date or (ii) Premises to substantially the period of time that same condition as existed immediately before such work is covered by warranty. Tenant agrees that, thereafter as to Lessor's Work and during the Lease Term as to items not part of Lessor's WorkCasualty, except as otherwise provided in this Article 10for modifications required by Applicable Laws or covenants, it will perform all necessary non-structural interior repairs conditions and restrictions, and modifications to the PremisesPremises deemed desirable in good faith by Landlord; provided, including repair or replacement of damaged or broken doors and windows and routine maintenance of the heatinghowever, ventilating, air-conditioning, plumbing, gas, electrical and similar systems which are located in and exclusively the Premises. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant Landlord shall not be required to make repair or replace any repairs of the Alterations, furniture, equipment, fixtures, and other improvements which are may have been placed by, or at the responsibility request of, Tenant or other occupants in the Premises. Landlord shall have no liability for any inconvenience or annoyance to Tenant or injury to Tenant’s business as a result of Lessor pursuant to this Article 10 any Casualty, or elsewhere under this LeaseLandlord’s Restoration (defined in Section 16.2) activities hereunder, regardless of the cause therefor. As Base Rent and Additional Rent shall xxxxx if and to the extent specified herein a Casualty damages the Premises and as a result thereof all or any material portion of the Premises are rendered unfit for occupancy, and are not occupied by Tenant, for the period of time commencing on the date Tenant vacates the portion of the Premises affected on account thereof and continuing until the date the Restoration to be performed by Landlord hereunder with respect to the extent not caused Premises is substantially complete, as determined by Landlord’s architect; provided, however, that such abatement shall be limited to the proceeds of rental interruption insurance proceeds with respect to the Premises and such Casualty collected by Landlord. Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's negligent or willful act or omission, Lessor shall (i) make all structural repairs ’s insurance required under this Lease with respect to the leasehold improvements in the Premises, whether interior or exterior, keep the Premises watertight, and shall repair, replace and maintain in good condition the exterior of the Premises including without limitation the slab, roof, walls, foundations, gutters, utility lines from the point of connection to the Premises to the main line, and downspouts; (ii) make all necessary replacements of obsolete or unrepairable heating, ventilation, air conditioning, plumbing, gas, electrical and other systems and components thereof which service all or any part of the Premises; (iii) make all repairs to the Premises necessitated by fire, casualty or the elements as provided in Article 19; and (iv) make any repairs to the Premises necessitated by any neglect, fault or default of Lessor, its agents, employees or contractors. In performing its obligations under this Article 10, Lessor shall not unreasonably interfere with Tenant's normal business operations. If Lessor fails to undertake and complete the repairs required under this Article 10 or elsewhere under this Lease within a reasonable time after written notice from Tenant, Tenant shall have the right to make such repairs on behalf of Lessor andthat, if the reasonable cost thereof, plus five percent 5% of such cost to cover its overhead and administrative costs is not paid by Lessor within thirty (30) days Restoration of billing thereof (together with invoice(s) for same), Tenant may deduct same from the fixed rent and other charges otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Lessor agrees that improvements in the event Premises by Landlord exceeds the amount of an emergency which necessitates prompt maintenanceinsurance proceeds received by Landlord from Tenant’s insurance carrier, repair or replacement of items which are otherwise required as assigned by this Lease to be maintained, repaired to replaced by Lessor, and Tenant is unable to contact Lessor and advise it of such emergency condition, Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Lessor agrees to reimburse Tenant for the cost of such repairs, plus five percent (5%) of such cost for Tenant's overhead and administrative costs, on demand. If Lessor does not reimburse Tenant within 60 days of written demand and submission of proof of expenditure, then Tenant may deduct such amount from the fixed rent and other charges otherwise payable hereunder. If at any time during the term of this Lease or any extension thereof any governmental agency or other authority with jurisdiction over the Premises requires structural modification or repairs of the Premises which are necessitated by reasons other than Tenant's peculiar use of the Premises, all such repairs, alterations, and additions or remodeling shall be at Lessor's sole cost and expense; provided however, if (i) the repair, alteration or remodelling is so required during the last twenty four (24) months of the Lease Term; or (ii) if at any time during the Lease Term, the cost of same would exceed one hundred twenty percent (120%) repairs to such improvements shall be paid by Tenant to Landlord prior to Landlord’s repair of one month's fixed rentthe damage, or at Landlord’s election, at the any later time or (iii) if same occurs during the Initial Term andfollowing Landlord’s discovery of any insufficiency of such insurance proceeds.