Common use of Repairs by Landlord Clause in Contracts

Repairs by Landlord. Tenant, by taking possession of the Premises, shall accept and shall be held to have accepted the Premises as suitable for the use intended by this Lease. Landlord shall not be required, after possession of the Premises has been delivered to Tenant, to make any repairs or improvements to the Premises, except as set forth in this Lease. It is the intention of the parties that the terms of this Lease shall govern the respective obligations of the parties as to maintenance and repair of the Premises. Tenant waives the right to make repairs at the expense of Landlord or to terminate this Lease by reason of any needed repairs under Sections 1941 and 1942 of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton of the Building consisting only of the exterior walls (but not any of the Building’s windows or glass and not any sealing or repainting of such exterior walls), foundation, load bearing columns, and lateral supports of the Building, and all of the foregoing shall be subject to reimbursement by Tenant to the extent it comprises Operating Expenses. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Building’s roof. Landlord shall, at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the Building or the Property as of the date of this Lease and not introduced by Tenant, its representatives, agents, licensees, contractors or invitees (“Landlord Environmental Obligation”). Landlord hereby represents and warrants to Tenant that none of the Property’s Responsible Officers has received written notice of the existence of any violation at the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such violation has not been remedied or otherwise eliminated on or before the date of this Lease.

Repairs by Landlord. TenantLandlord, by taking possession at Landlord’s expense, throughout the Term, shall keep and maintain the structural and public portions of the Building (including the roof, exterior Building walls, windows and the glass therein, grounds and landscaping) and the Building Systems serving the Premises, shall accept in good working order, condition and repair and shall be held make all repairs, structural and otherwise, interior and exterior, as and when needed to have accepted the foregoing and in or about the Premises, except for those repairs for which Tenant is responsible pursuant to any of the other express provisions of this Lease; and such repairs to the Premises as suitable shall be at least equal in quality and class to those typically made in first class office buildings in Manhattan and made in compliance with all Insurance Requirements and Legal Requirements. Landlord at all times shall operate the Building in a manner consistent with a first class office building. Landlord shall, within three (3) Business Days’ after Tenant shall give notice to Landlord or sooner in the event of an emergency, endeavor to commence and diligently prosecute to completion all repairs and maintenance for which Landlord is responsible pursuant to the use intended by provisions of this Lease. Landlord shall not be required, after possession covenants to take such steps as are reasonably available to Landlord to minimize the interference with Tenant’s access to and/or use of the Premises has been delivered to Tenantarising from such repairs and maintenance; provided, to make any repairs or improvements to the Premises, except as set forth in this Lease. It is the intention of the parties that the terms of this Lease shall govern the respective obligations of the parties as to maintenance and repair of the Premises. Tenant waives the right to make repairs at the expense of Landlord or to terminate this Lease by reason of any needed repairs under Sections 1941 and 1942 of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton of the Building consisting only of the exterior walls (but not have no obligation to take such steps by performing such work on an overtime basis unless Tenant pays any of the Building’s windows or glass and not any sealing or repainting of excess charges to Landlord for such exterior walls), foundation, load bearing columns, and lateral supports of the Building, and all of the foregoing shall be subject to reimbursement by Tenant to the extent it comprises Operating Expenses. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Building’s roof. Landlord shall, at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the Building or the Property as of the date of this Lease and not introduced by Tenant, its representatives, agents, licensees, contractors or invitees (“Landlord Environmental Obligation”). Landlord hereby represents and warrants to Tenant that none of the Property’s Responsible Officers has received written notice of the existence of any violation at the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such violation has not been remedied or otherwise eliminated on or before the date of this Leaseovertime work.

Repairs by Landlord. TenantLandlord shall keep the foundations and the roof in good order and repair, by taking possession and shall make structural repairs and replacements necessary to keep in good order and repair the structural portions of the Premises, shall accept Property and shall be held to have accepted the Premises as suitable for pipes and ducts running through the use intended by this LeaseCommon Areas only and not including Tenant's service connections therewith. Landlord shall not be requiredliable for damages or injuries arising from the failure to make said repairs, nor shall Landlord be liable for damages or injuries arising from defective workmanship or materials in making any such repairs. Landlord shall have no obligation to repair until a reasonable time after possession the receipt by Landlord of written notice of the need for repairs. Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, or leaks from any part of the Premises has been delivered to or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature. All property of Tenant, including merchandise and furnishings, kept or stored on the Premises shall be so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any and all claims arising out of damage to make any repairs or improvements to the Premises, except as set forth in this Leasesame. It If Landlord is the intention of the parties that the terms of this Lease shall govern the respective obligations of the parties as to maintenance and repair of the Premises. Tenant waives the right required to make repairs at the expense of Landlord or to terminate this Lease by reason of any needed repairs under Sections 1941 and 1942 act, omission or negligence of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton of the Building consisting only of the exterior walls (but not any of the Building’s windows or glass and not any sealing or repainting of such exterior walls), foundation, load bearing columns, and lateral supports of the Building, and all of the foregoing shall be subject to reimbursement by Tenant to the extent it comprises Operating Expenses. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Building’s roof. Landlord shall, at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the Building or the Property as of the date of this Lease and not introduced by Tenant, its representativesany permitted subtenants, concessionaires or their respective employees, agents, licenseesinvitees, contractors licensees or invitees (“Landlord Environmental Obligation”). Landlord hereby represents contractors, the cost of such repairs shall be borne by Tenant and warrants to Tenant that none shall be due and payable immediately upon receipt of Landlord's notification of the Property’s Responsible Officers has received written notice of the existence of any violation at the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such violation has not been remedied or otherwise eliminated on or before the date of this Leaseamount due.

Repairs by Landlord. Tenant, by taking possession of the Premises, Landlord shall accept and shall be held to have accepted keep the Premises as suitable and the Building and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building Area, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air conditioning and elevator systems and equipment (excluding, however, lines, improvements, systems and machinery for the use intended water, gas, steam and electricity owned and maintained by this Lease. Landlord shall not be required, after possession of the Premises has been delivered to Tenant, to make any repairs public utility company or improvements to the Premises, except as set forth governmental agency or body) in this Lease. It is the intention of the parties that the terms of this Lease shall govern the respective obligations of the parties as to maintenance good order and repair of consistent with the Premises. Tenant waives the right to make repairs at the expense of Landlord or to terminate this Lease by reason of any needed repairs under Sections 1941 and 1942 of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton operation of the Building consisting only of the exterior walls Area as a first-class office building. Landlord, at its expense (but not any of the Building’s windows or glass and not any sealing or repainting of such exterior walls), foundation, load bearing columns, and lateral supports of the Building, and all of the foregoing shall be subject to reimbursement by Tenant pursuant to Section 7), shall make all repairs and replacements necessary to comply with its obligations set forth in the extent it comprises Operating Expenses. Except immediately preceding sentence, except for damage (a) repairs required to be made by Tenant pursuant to Section 8 and (b) repairs caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance the willful misconduct of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Building’s roof. Landlord shall, at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the Building or the Property as of the date of this Lease and not introduced by Tenant, its representatives, agents, licenseesemployees, contractors or invitees (“and guests, which repairs shall be made by Landlord Environmental Obligation”)at the cost of Tenant, and for which Tenant shall pay promptly, as Additional Rent, upon receipt of an invoice setting forth the cost of such repairs. There shall be no abatement in rents due and payable hereunder and no liability on the part of Landlord hereby represents and warrants to Tenant that none of the Property’s Responsible Officers has received written notice of the existence by reason of any violation at inconvenience or annoyance arising from Landlord's making repairs, additions or improvements to the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such violation has not been remedied or otherwise eliminated on or before the date of this Leasein accordance with its obligations hereunder.

Repairs by Landlord. Tenant, by taking possession of the Premises, Landlord shall accept and shall be held to have accepted keep the Premises as suitable for the use intended by this Lease. Landlord shall not be required, after possession of the Premises has been delivered to Tenant, to make any repairs or improvements to the Premises, except as set forth in this Lease. It is the intention of the parties that the terms of this Lease shall govern the respective obligations of the parties as to maintenance and repair of the Premises. Tenant waives the right to make repairs at the expense of Landlord or to terminate this Lease by reason of any needed repairs under Sections 1941 and 1942 of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton all portions of the Building consisting only covered by Landlord's insurance and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the exterior walls (but not any of the Building’s windows or glass and not any sealing or repainting of such exterior walls)operation of, foundation, load bearing columns, and lateral supports of the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air conditioning and all elevator systems and equipment (excluding, however, lines, improvements, systems and machinery for water, gas, steam and electricity owned and maintained by any public utility company or governmental agency or body) in good order and repair consistent with the operation of the foregoing shall be Building as a first-class office building. Landlord, at its expense (subject to reimbursement by Tenant pursuant to Section 7), shall make all repairs and replacements necessary to comply with its obligations set forth in the extent it comprises Operating Expenses. Except immediately preceding sentence, except for damage (a) repairs required to be made by Tenant pursuant to Section 8 and (b) notwithstanding the provisions of Section 16.4, repairs caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance the negligence or willful misconduct of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Building’s roof. Landlord shall, at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the Building or the Property as of the date of this Lease and not introduced by Tenant, its representatives, agents, licenseesemployees, contractors or invitees (“and guests, which repairs shall be made by Landlord Environmental Obligation”)at the cost of Tenant, and for which Tenant shall pay promptly, as Additional Rent, upon receipt of an invoice setting forth the cost of such repairs. There shall be no abatement in rents due and payable hereunder and no liability on the part of Landlord hereby represents and warrants to Tenant that none of the Property’s Responsible Officers has received written notice of the existence by reason of any violation at inconvenience or annoyance arising from Landlord's making repairs, additions or improvements to the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such violation has not been remedied or otherwise eliminated on or before the date of this Leasein accordance with its obligations hereunder.

Repairs by Landlord. Tenant, by taking possession of Landlord shall keep the Premises, the Common Area and the Building and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air conditioning and elevator systems and equipment (excluding, however, lines, improvements, systems and machinery for water, gas, steam and electricity owned and maintained by any public utility company or governmental agency or body) in good order and repair consistent with the operation of the Building as a first-class office building. Landlord, at its expense, shall accept make all repairs and replacements necessary to comply with its obligations set forth in the immediately preceding sentence, except for (a) repairs required to be made by Tenant pursuant to Section 8, and (b) repairs caused by the willful misconduct of Tenant, its agents, employees, invitees and guests, which repairs shall be held to have accepted made by Landlord at the Premises cost of Tenant, and for which Tenant shall pay promptly, as suitable for Additional Rent, within thirty (30) days of its receipt of a written invoice setting forth the use intended by this Leasecost of such repairs. No later than two (2) business days after notice from Tenant, Landlord shall not commence all such repairs and replacements and thereafter continue to complete such repairs and replacements with due diligence. Except as expressly set forth herein, there shall be requiredno abatement in rents due and payable hereunder and no liability on the part of Landlord by reason of any inconvenience or annoyance arising from Landlord’s making repairs, after possession of the Premises has been delivered to Tenant, to make any repairs additions or improvements to the Premises, except as set forth Building in this Lease. It is the intention of the parties that the terms of this Lease shall govern the respective accordance with its obligations of the parties as to maintenance and repair of the Premises. Tenant waives the right to make repairs at the expense of Landlord or to terminate this Lease by reason of any needed repairs under Sections 1941 and 1942 of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton of the Building consisting only of the exterior walls (but not any of the Building’s windows or glass and not any sealing or repainting of such exterior walls), foundation, load bearing columns, and lateral supports of the Building, and all of the foregoing shall be subject to reimbursement by Tenant to the extent it comprises Operating Expenses. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Building’s roof. Landlord shall, at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the Building or the Property as of the date of this Lease and not introduced by Tenant, its representatives, agents, licensees, contractors or invitees (“Landlord Environmental Obligation”). Landlord hereby represents and warrants to Tenant that none of the Property’s Responsible Officers has received written notice of the existence of any violation at the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such violation has not been remedied or otherwise eliminated on or before the date of this Leasehereunder.

Repairs by Landlord. Landlord shall repair and maintain the roof, foundation, floor slabs, masonry walls, columns, structural steel and other structural elements of the Building, the Building Systems and the Common Areas in good condition and repair consistent with the standards of Comparable Buildings in the market in which the Project is located, but taking into consideration the age of the Building, unless the condition requiring such maintenance is caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, by taking possession its agents, servants, employees or invitees, in which case Tenant shall pay Landlord the reasonable cost of such maintenance or repairs. Additionally, Landlord shall repair and/or replace as necessary: (a) all lamps, starters and ballasts for Building Standard lighting fixtures within the Premises, shall accept ; and shall be held (b) any damage or injury of whatever nature done to have accepted the Premises as suitable for the use intended by Landlord, its agents, representatives, contractors, vendors, employees or invitees, or resulting from a breach by Landlord of its obligations under this Lease. No compensation or claim or diminution of Rent will be allowed or paid by Landlord by reason of inconvenience, annoyance or injury to business, arising from the necessity of repairing the Premises or any portion of the Premises or Project, however the necessity may occur, as determined in the sole discretion of Landlord. Landlord shall have no obligation to replace or repair Tenant’s Property, and shall not be required, after possession of the Premises has been delivered to Tenant, liable for any failure to make any repairs or improvements to the Premises, except as set forth in this Lease. It is the intention of the parties that the terms of this Lease shall govern the respective obligations of the parties as to perform any maintenance and repair of the Premises. Tenant waives the right to make repairs at the expense required of Landlord or to terminate this Lease by reason hereunder, unless such failure shall persist for an unreasonable period of any needed repairs under Sections 1941 and 1942 of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton of the Building consisting only of the exterior walls (but not any of the Building’s windows or glass and not any sealing or repainting of such exterior walls), foundation, load bearing columns, and lateral supports of the Building, and all of the foregoing shall be subject to reimbursement by Tenant to the extent it comprises Operating Expenses. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Building’s roof. Landlord shall, at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the Building or the Property as of the date of this Lease and not introduced by Tenant, its representatives, agents, licensees, contractors or invitees (“Landlord Environmental Obligation”). Landlord hereby represents and warrants to Tenant that none of the Property’s Responsible Officers has received time after written notice of the existence of any violation at need for such repairs or maintenance is given to Landlord by Tenant in accordance with the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such violation has not been remedied or otherwise eliminated on or before the date Notices provision of this Lease.