Common use of Repairs by Landlord Clause in Contracts

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord [***] days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsections 3.5A and 3.5B shall not affect Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident or other cause occurring in the Premises, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than [***] consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises.

Repairs by Landlord. (1) Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs be responsible for maintaining all structural portions of the buildings, leased premises. The exterior and the plumbing, electrical and other utility system serving but which are located outside structural parts of the Premises, in good order, condition leased premises are defined to include: (a) the outside walls; (b) the roof and repair roof covering; (c) the foundations; (d) floor slab and shall make necessary floor; and (e) all structural repairs to the exterior walls of the buildings members. (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that 2) Landlord shall not be obligated hereby to do liable for any work required to damage or injury which may be done because sustained by the Tenant, or any other person, as a consequence of the failure, breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, drains, leaders, valleys, downspouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any damage caused by other tenant of Tenant, or of the Tenant or the Tenant or this or any actother Tenant’s agents, omission or negligence of Tenant and its inviteesemployees, guests, licensees, their respective officersinvitees, subtenants, assignees, or successors; or attributable to any interference with, interruption of or failure, beyond the control of the Landlord, or any services to be furnished or supplied by the Landlord. (3) Landlord and Landlord’s agents and employees representatives, may, at any reasonable time, enter the leased premises to examine them, to make alterations or their customers. Except where repairs thereto or for any other purposes which Landlord has actual notice of considers necessary or advisable; however, in the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, Landlord and its agents may enter the premises at any time and in any manner. Tenant shall allow the leased premises to be exhibited by Landlord: (i) at any reasonable time to representatives of lending institutions or to prospective purchasers of the building or leased premises, and (ii) at any reasonable time within six months prior to the end of the term to persons who may be interested in leasing the leased premises. Landlord may place a suitable “For Sale” sign upon the leased premises six months prior to the expiration of the demised lease term. Landlord and its agents reserve the right and shall be in writing permitted reasonable access to the leased premises to install facilities within and shall allow Landlord [***] days in which through the leased premises and to commence such repair. The fact that the costs incurred by Landlord in connection with install and service any of the foregoing are includable in Common Area Operating Costs pursuant systems deemed advisable to Subsections 3.5A and 3.5B shall not affect Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident provide services or other cause occurring utilities to any tenant in the Premises, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than [***] consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesbuilding.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord [***] ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsections 3.5A and Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident or other cause occurring in the Premises, Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than [***] three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the [***] third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises.

Repairs by Landlord. Landlord shall keep the exterior wallsAt all times, foundationsLandlord, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied either voluntarily or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord [***] days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsections 3.5A and 3.5B shall not affect governmental requirement, may at Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident or other cause occurring in the Premises’s own expense make repairs, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Building or any part thereof, including the common areas, and the Premises, and during operations, may close entrances, doors, corridors, elevators and other facilities and may have access to and open the ceilings, all without any liability to Tenant by reason of interference, inconvenience or annoyance except as provided herein. If such work should materially reduce the area rented by Tenant, the Total Rent paid by Tenant shall be abated as provided below. Any alterations, maintenance and/or repairs which Landlord makes, or is entitled to make pursuant to this Lease, in, around or near the Premises, and any entry into the Premises or by Landlord and/or any Landlord Party are collectively called “Restorative Work.” Notwithstanding anything contained in this Lease to other portions the contrary, Landlord shall conduct all Restorative Work: (a) outside Tenant’s normal business hours; (b) using reasonable commercial efforts not to interfere with Tenant’s use and enjoyment of the Shopping CenterPremises; (c) so that the level of Building services shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof; (d) so that Tenant is not deprived of access to the Premises; (e) so that all items brought into the Premises shall be removed prior to the start of the next business day (unless such items are required for support on a temporary basis) and the Premises are left in broom-clean condition; and (f) so that none of the Premises, Landlord reserves Tenant’s signs, or the windows in the Premises are blocked or blackened, or otherwise materially interfered with. In the event that a violation of any of items (a) through (f) above occur and continue for thirty (30) or more consecutive days (or forty-five (45) business days or more in the aggregate in any nine (9) month (or less) period), then Tenant shall have the right to interrupt the supply terminate this Lease by giving written notice to the Premises Landlord of steamsame, condenser water or cooled air for air conditioningand, electricity, water and gas and also to suspend the operation upon Tenant’s return of possession of the heating and air conditioning systemPremises, Landlord shall return the over-deposit of Total Rent, if any, until said repairsand the Security Deposit, alterations or improvements and thereafter neither party shall have been completedany further rights or obligations hereunder. IfFurther notwithstanding anything contained herein to the contrary, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference in the event that the Restorative Work materially interferes with Tenant's ’s ability to conduct its business in the Premises Premises, and Tenant therefor closes such interference continues for three (3) or more than [***] consecutive business days, Tenant shall be entitled have the right to an abatement of Fixed xxxxx Total Rent for each day after in proportion to the [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use area of the PremisesPremises affected as of the fourth (4th) business day, without additional notice to Landlord.

Repairs by Landlord. Landlord shall agrees to keep in good repair and ------------------- maintain the exterior wallsstructural and non-structural portions of the Building, including the roof, roof membrane and coverings, foundations, downspouts, gutters and roofs exterior walls of the buildingsPremises and Building (exclusive of all glass and all exterior doors), underground utility and the plumbing, electrical and other utility system serving but which are located sewer pipes outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings Building, common areas surrounding the Building and Premises (excludingincluding the parking lot, howeversidewalks and landscaped areas but excluding the Outside Areas which Tenant shall maintain at its sole cost and expense), except repairs rendered necessary by the negligence of Tenant, its agents, customers, employees or invitees. Landlord gives to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside Tenant exclusive control of the Premises and shall be under no obligation to inspect said Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which are used exclusively by Landlord is required to repair. Landlord agrees to use commercially reasonable efforts (i) to avoid taking any actions which might adversely affect Tenant), the dividing walls between the Premises and space occupied 's use of or to be occupied by others and the load-bearing walls and load-bearing columns, if any, business operation within the Premises, provided that including but not limited to, any actions which might adversely affect Tenant's fiber optic cabling or telecommunications equipment; (ii) to provide Tenant with at least forty-eight (48) hours prior notice (except in an emergency where Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any actprovide advance notice) if, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repairnotwithstanding landlord's commercially reasonable efforts, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, must take an action which notice, except in case of any emergency, shall be in writing and shall allow Landlord [***] days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsections 3.5A and 3.5B shall not might adversely affect Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident or other cause occurring in the Premises, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than [***] consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of or business operations within the Premises; (iii) to, in all events, reasonably coordinate and cooperate with Tenant to minimize any cessation or degradation of Tenant's use of, or business operations within the Premises; (iv) to take actions as soon as reasonably practicable as may be necessary to correct or cure any acts, events or circumstances which may have adversely affected Tenant's use of or business operations within the Premises; and (v) to allow Tenant access to the Premises twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Notwithstanding the foregoing, Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's control may prevent access to the Premises from time to time.

Repairs by Landlord. (a) Landlord shall keep maintain the exterior wallsBuilding’s structural elements, foundations, downspouts, gutters and roofs of the buildingsroof, and the electrical, heating-ventilation-airconditioning, plumbing, electrical and security systems and the Real Property’s common areas (including parking lots) in good working order and condition, and shall keep the roof watertight, except that, with respect to repairs necessitated by the negligence or other utility system serving but which are located outside tortious conduct of Tenant or its agents, employees or contractors, or Tenant’s breach of this Lease, Tenant shall be responsible to repair the same. (b) Landlord reserves the right, at any time to make changes in or to the Real Property as it may reasonably deem necessary or desirable for the convenient operation of the PremisesBuilding, provided that (i) Landlord exercises all reasonable efforts to minimize inconvenience to Tenant in good orderconnection therewith and (ii) no action taken by Landlord under this Section 3.03 shall impede access to, condition and repair and shall make necessary structural repairs to reduce the exterior walls of size or otherwise diminish the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively in any material respect, including any services provided thereto, and Landlord agrees to (A) use commercially reasonable efforts to locate any such pipes, ducts and conduits within the core areas of the Building and (B) not take space affecting offices occupied by Tenant. Landlord may install and maintain pipes, fans, ducts, wires and conduit within or through the walls, floors or ceilings of the Premises that are necessary or desirable, in Landlord’s reasonable judgment, for the convenient operation of the Building. (c) Landlord, its agents and representatives, shall have the right, upon prior notice to Tenant (except that no notice shall be required in an emergency), the dividing walls between to enter the Premises and space occupied to inspect, clean or perform such work as Landlord may reasonably deem necessary or to be occupied by others and exhibit the load-bearing walls and load-bearing columnsPremises to prospective tenants or purchasers, if any, within the Premises, provided that for any other purpose as Landlord may deem necessary or desirable. Tenant shall not be obligated hereby entitled to do any work required to be done because abatement or reduction of any damage caused Base Rent or additional rent by any act, omission or negligence reason of Tenant and its invitees, licensees, their respective officers, agents and employees or their customerssuch entry. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence make any such repair until after notice from Tenant that the same is necessary, which notice, except in case improvements or repairs of any emergency, shall be in writing and shall allow Landlord [***] days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsections 3.5A and 3.5B shall not affect Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident kind or other cause occurring in the Premises, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating character to the Premises or to other portions of during the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than [***] consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the PremisesTerm.

Repairs by Landlord. (1) Landlord shall keep be responsible for maintaining all structural portions of the Leased Premises and shall also maintain exterior adjoining areas in a clean and orderly condition, including the repair of parking lots. The exterior and structural parts of the Leased Premises are defined to include: (a) the outside walls, ; (b) the roof and roof covering; (c) the foundations, downspouts, ; (d) floor slab and floor; (e) gutters and roofs of the buildingsdownspouts; (f) marquees; (g) all structural members; and (h) all wiring, and the plumbing, electrical conduits and other utility system and sprinkler fixtures and equipment, including water pipes and electrical systems located in walls or floors of the building, together with those serving but the common facilities which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excludingbuilding, howeverand those serving any other premises, repairs or serving premises in addition to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside those of the Leased Premises which are used exclusively by Tenant), located anywhere in the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that premises. (2) Landlord shall not be obligated hereby to do liable for any work required to damage or injury which may be done because sustained by the Tenant, or any other person, as a consequence of the failure, breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, drains, leaders, valleys, downspouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any damage caused by other tenant of Tenant, or of the Tenant or the Tenant or this or any actother Tenant’s agents, omission or negligence of Tenant and its inviteesemployees, guests, licensees, their respective officersinvitees, subtenants, assignees, or successors; or attributable to any interference with, interruption of or failure, beyond the control of the Landlord, or any services to be furnished or supplied by the Landlord. Landlord shall be liable for any damages or injuries from Landlord’s gross negligence. (3) Landlord and Landlord’s agents and employees representatives, may, at any reasonable time, enter the leased premises to examine them, to make alterations or their customers. Except where repairs thereto or for any other purposes which Landlord has actual notice of considers necessary or advisable; however, in the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, Landlord and its agents may enter the premises with reasonable advance notice being provided to Tenant, except in the case of an emergency. Tenant shall allow the leased premises to be exhibited by Landlord: (i) at any reasonable time to representatives of lending institutions or to prospective purchasers of the building or Leased Premises, and (ii) at any reasonable time within six months prior to the end of the term to persons who may be interested in leasing the Leased Premises. Landlord may place a suitable “For Sale” sign upon the Leased Premises six months prior to the expiration of the demised Lease Term. Landlord and its agents reserve the right and shall be in writing permitted reasonable access to the leased premises to install facilities within and shall allow Landlord [***] days in which through the Leased Premises and to commence such repair. The fact that the costs incurred by Landlord in connection with install and service any of the foregoing are includable in Common Area Operating Costs pursuant systems deemed advisable to Subsections 3.5A and 3.5B shall not affect Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident provide services or other cause occurring utilities to any tenant in the Premises, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than [***] consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesbuilding.