Common use of Repairs by Lessor Clause in Contracts

Repairs by Lessor. Except as otherwise provided in Section 4 hereof, Lessor shall not be required to make any improvements to or repairs of any kind or character in the Leased Premises during the Term of this Lease, except such repairs as may be deemed necessary by Lessor for normal maintenance operations required to maintain the Leased Premises in tenantable condition. Lessor shall keep in good order, condition and state of repair the structural portions of the Building, the plumbing, heating, air conditioning and electrical system and the common area facilities provided by Lessor under the provisions hereof; provided, however, Lessor's obligation to make such repairs shall not relieve Lessee of the obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair the Leased Premises shall be limited to building standard items. Special leasehold improvements will, at Lessee's written request, be maintained by Lessor at Lessee's expense, at a cost or charge equal to the direct costs incurred in such maintenance plus 15% of said cost to cover overhead. Lessee shall reimburse Lessor upon demand for the cost of repairing any damage to the Leased Premises or the Building caused by the deliberate act or negligent act of Lessee or its employees, agents or invitees not covered by insurance. Lessee shall, at its expense, keep in good order, condition and state of repair all portions of the Leased Premises with the exception of those to be maintained and repaired by Lessor under the foregoing provisions. In the event Lessee fails to comply with the requirements of this paragraph, Lessor may make such maintenance and repair and the cost thereof, plus 15% of said costs to cover overhead, with interest at 15% per annum shall be immediately payable to Lessor as Additional Rent.

Repairs by Lessor. Except LESSOR agrees to keep and maintain in good order and repair the roof, and the structural components of the exterior walls (exclusive of all signs, doors, windows and glass, including plate glass) of the Premises. If any such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission by LESSEE, its agents, servants, or employees, or by breaking and entering, LESSEE shall pay to LESSOR the actual cost of such maintenance and repairs. LESSEE shall at once report in writing to LESSOR any known Lessee Initials /s/ ADW / defective condition which LESSOR is required to repair pursuant to this Paragraph and LESSEE’S failure to report to LESSOR any such condition or defect shall make LESSEE responsible to LESSOR for any liabilities, costs, expenses, and attorneys’ fees incurred by LESSOR as otherwise provided in Section 4 hereof, Lessor a result of such defect. LESSOR shall not be required to make any improvements to or repairs of any kind or character in the Leased Premises during the Term of this Lease, except such repairs as may be deemed necessary by Lessor liable for normal maintenance operations required to maintain the Leased Premises in tenantable condition. Lessor shall keep in good order, condition and state of repair the structural portions of the Building, the plumbing, heating, air conditioning and electrical system and the common area facilities provided by Lessor under the provisions hereof; provided, however, Lessor's obligation failure to make such repairs or to perform any maintenance unless such failure shall not relieve Lessee persist for a period in excess of sixty (60) days following written notice to LESSOR of the obligation to pay all sums which become due under this Leaseneed for such repair or maintenance. The obligation of Lessor to maintain and repair the Leased Premises Except as herein provided regarding casualty loss, there shall be limited no abatement of rent, and no liability of LESSOR by reason of any injury to building standard items. Special leasehold or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements will, at Lessee's written request, be maintained by Lessor at Lessee's expense, at a cost in or charge equal to any portion of the direct costs incurred in such maintenance plus 15% of said cost to cover overhead. Lessee shall reimburse Lessor upon demand for the cost of repairing any damage to the Leased Premises Shopping Center or the Building caused by Premises, or in or to fixtures and equipment therein. LESSEE waives the deliberate act right to make repairs at LESSOR’s expense under any law, statute or negligent act of Lessee ordinance now or its employees, agents or invitees not covered by insurance. Lessee shall, at its expense, keep hereafter in good order, condition and state of repair all portions of the Leased Premises with the exception of those to be maintained and repaired by Lessor under the foregoing provisions. In the event Lessee fails to comply with the requirements of this paragraph, Lessor may make such maintenance and repair and the cost thereof, plus 15% of said costs to cover overhead, with interest at 15% per annum shall be immediately payable to Lessor as Additional Renteffect.

Repairs by Lessor. Except as otherwise provided Lessor shall keep and maintain the foundations below the floor, roof, and structural portions of the exterior walls of Premises (except any walls, whether temporary or permanent, installed by Lessee), in Section 4 hereofgood condition and repair, except for repairs or replacements occasioned or required by reason of the acts of Lessee, its employees, agents, invitees, licensees, or contractors. Lessee agrees to give Lessor written notice of the necessity for repairs or replacements coming to the attention of Lessee. Lessor shall not be required obligated to make any improvements to repair or repairs replacement required of any kind or character it until notice in writing from Lessee of the Leased Premises during the Term of this Lease, except such repairs as may be deemed necessary by Lessor need for normal maintenance operations required to maintain the Leased Premises in tenantable conditionsame. Lessor shall keep have a reasonable time after Lessee's written notice in good orderwhich to make such repair or replacement. The provisions of this Article shall not apply in the event of damage or destruction by fire or other casualty or taking under a power of eminent domain, condition in which event the obligations of Lessor shall be controlled by the same. Lessor shall not be liable for any damage done to the personal property or leasehold improvements of Lessee occasioned by or from the electrical system, the heating or cooling system, the plumbing and state sewer systems, nor for damage occasioned by snow or ice being upon or coming through the roof, walls, windows, doors or otherwise, in, upon or about Premises; nor for any damage arising from acts or negligence of repair the structural portions other occupants of the Buildingproperty of which Premises is a part. Lessor shall not be liable for any damage occasioned for failure to keep Premises in repair, the plumbing, heating, air conditioning and electrical system and the common area facilities provided by unless Lessor under the provisions hereof; provided, however, Lessor's obligation is obligated to make such repairs under the terms hereof and unless notice of the need for repairs has been given Lessor and a reasonable time has elapsed and Lessor has failed to make such repairs. Lessor shall not relieve be liable to Lessee for any damages to person or property resulting from fire or other hazards, regardless of the obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair the Leased Premises shall be limited to building standard items. Special leasehold improvements will, at Lessee's written request, be maintained by Lessor at Lessee's expense, at a cost or charge equal to the direct costs incurred in such maintenance plus 15% of said cost to cover overhead. Lessee shall reimburse Lessor upon demand for the cost of repairing any damage to the Leased Premises or the Building caused by the deliberate act or negligent act of Lessee or its employees, agents or invitees not covered by insurance. Lessee shall, at its expense, keep in good order, condition and state of repair all portions of the Leased Premises with the exception of those to be maintained and repaired by Lessor under the foregoing provisions. In the event Lessee fails to comply with the requirements of this paragraph, Lessor may make such maintenance and repair and the cost cause thereof, plus 15% of said costs to cover overhead, with interest at 15% per annum shall be immediately payable to and Lessee hereby releases Lessor as Additional Rentfrom all liability for such damage.

Repairs by Lessor. Except as otherwise provided in Section 4 hereof, Lessor shall not be required to make any improvements to or repairs of any kind or character in the Leased Premises during the Term of this Lease, except such repairs as may be deemed necessary by Lessor for normal maintenance operations required to maintain the Leased Premises in tenantable condition. Lessor shall keep in good order, condition and state of repair the structural portions of the Building, the plumbing, heating, air conditioning and electrical system system, roof, ceiling, exterior walls and the common area facilities provided by Lessor under the provisions hereof; provided, however, Lessor's obligation to make such repairs shall not relieve Lessee of the obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair the Leased Premises shall be limited to building standard items. Special leasehold improvements will, at Lessee's written request, be maintained by Lessor at Lessee's expense, at a cost or charge equal to the direct costs incurred in such maintenance plus 15% of said cost to cover overheadmaintenance. Lessee shall reimburse Lessor upon demand for the cost of repairing any damage to the Leased Premises or Highwoods Plaza II 8 the Building caused by the deliberate act or negligent act of Lessee or its employees, agents or invitees not covered by insurance. Lessee shall, at its expense, keep in good order, condition and state of repair all portions of the Leased Premises with the exception of those to be maintained and repaired by Lessor under the foregoing provisions. In the event Lessee fails to comply with the requirements of this paragraph, Lessor may make such maintenance and repair and the cost thereof, plus 15% of said costs to cover overhead, with interest at 1510% per annum shall be immediately payable to Lessor as Additional Rent.

Repairs by Lessor. Except as otherwise provided in Section 4 hereof, Lessor shall not be required to make any improvements to or repairs of any kind or character in the Leased Premises during the Term of this Lease, except such repairs as may be deemed necessary by Lessor for normal maintenance operations required to maintain the Leased Premises in tenantable condition1. Lessor shall agrees to keep in good order, condition and state of repair the structural portions roof, foundations and exterior walls of the BuildingPremises (exclusive of all glass and all exterior doors), the plumbing, heating, air conditioning and electrical system and the common area facilities provided underground utility and sewer pipes outside the exterior walls for the building of which the Premises are a part (the "Building"), except repair rendered necessary by the negligence or action of Lessee, its agents, employees, or invitees. Lessor gives to Lessee exclusive control of the Premises and Lessor shall be under no obligation to inspect the Premises. Lessee shall promptly report in writing to Lessor any defective condition known to it which Lessor is required to repair, and failure to so report such defects shall make Lessee responsible to Lessor for any liability incurred by lessor by reason of such defects. Lessor's liability with respect to any defects, repairs or maintenance for which Lessor is responsible under any of the provisions hereof; provided, however, Lessor's obligation to make such repairs shall not relieve Lessee of the obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair the Leased Premises lease shall be limited to building standard items. Special leasehold improvements will, at Lessee's written request, be maintained by Lessor at Lessee's expense, at a cost or charge equal to the direct costs incurred in such maintenance plus 15% of said cost to cover overhead. Lessee shall reimburse Lessor upon demand for the cost of repairing such repairs or maintenance or the curing of such defect. Lessor shall have the right, but not the duty, to enter the Premises at any damage time in order to examine the Leased Premises or to make such repair as required therein or which Lessor may deem necessary for the Building safety of, or preservation of the Premises or of the Building. Nothing contained in this Lease shall require Lessor to make any repairs for damages caused by the deliberate act or negligent act of Lessee or its employees, agents or invitees not covered by insurance. and Lessee shall, shall cause such repairs to be made at its expense. 2. The air conditioning and heating system is accepted by Lessee as in satisfactory operating condition at the date of occupancy, keep and Lessee shall maintain said system in good order, operating condition and state of repair all portions of during the Leased Premises with the exception of those to be maintained and repaired by Lessor under the foregoing provisions. In the event Lessee fails to comply with the requirements term of this paragraph, Lessor may make such maintenance Lease and repair and the cost any extension thereof, plus 15% of said costs to cover overhead, with interest at 15% per annum shall be immediately payable to Lessor as Additional Rent.

Repairs by Lessor. Except as otherwise provided set forth in Section 4 hereofthis Lease, Lessor shall not be required to make any improvements to to, or repairs of of, any kind or character in the Leased Premises during the Term term of this Lease, except such repairs as may be deemed necessary by Lessor for normal maintenance operations required to maintain the Leased Premises in tenantable conditioncondition or repairs previously agreed to by Lessor. Lessor shall keep in good order, condition and state of repair the structural portions of the Building, the roof, the plumbing, heating, air conditioning and electrical system and the common area facilities provided by Lessor under the provisions hereof; provided, however, Lessor's obligation to make such repairs shall not relieve Lessee of the obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair the Leased Premises shall be limited to building Building standard items. Special leasehold improvements will, at Lessee's written request, be maintained by Lessor at Lessee's expense, at a cost or charge equal to the direct costs incurred in such maintenance plus 15% of said cost to cover overhead. Lessee shall reimburse Lessor upon demand for the cost of repairing any damage to the Leased Premises or the Building caused by the deliberate act or negligent act of Lessee or its employees, agents agents, invitees or invitees not covered by insuranceothers acting on its behalf. Lessee shall, at its expense, keep in good order, condition and state of repair all portions of the Leased Premises with the exception of those to be maintained and repaired by Lessor under the foregoing provisions. In the event Lessee fails to comply with the requirements of this paragraph, Lessor may make such maintenance and repair and the cost thereof, plus 15% of said costs to cover overhead, with interest at 15% per annum shall be immediately payable to Lessor as Additional Rent.

Repairs by Lessor. Except Lessor agrees to maintain in good condition the roof, exterior walls, gutters, sprinkler system (if any), parking areas and hallways and sidewalks which make up the "common areas" outlined in blue in Exhibit "B". The term "exterior walls" shall not include glass windows, entrance doors, service doors or other glass inserts or panels (or window and door frames, openers and closers). In the event said glass windows, entrance doors, service doors or other glass inserts or panels (or window and door frames, openers and closers) are broken, destroyed or must be replaced for any reason except for the negligence or the willful misconduct of the Lessor, its employees, agents or contractors in which case the expense shall be borne by Lessor. The same shall be done at Lessee's expense and in like kind (or as otherwise provided nearly like kind as can reasonably be obtained by either Lessor or Lessee) as existed before. Lessor gives to Lessee exclusive control of the Premises and shall be under no obligation to inspect the Premises. Lessee shall at once report in Section 4 hereofwriting to Lessor any defective condition actually known to Lessee which Lessor is required to repair, and failure to so report such defect shall make Lessee responsible to Lessor for any liability incurred by Lessor by reason of such defect to the extent that Lessee's delay caused such liability. Lessee agrees to give Lessor immediate written notice if known to Lessee of any fire or other casualty in the Premises, or the building of part. Notwithstanding the foregoing, Lessor shall not be required to make any improvements to or repairs of any kind or character in the Leased Premises during the Term of this Lease, except such repairs as may be deemed necessary by Lessor liable for normal maintenance operations required to maintain the Leased Premises in tenantable condition. Lessor shall keep in good order, condition and state of repair the structural portions of the Building, the plumbing, heating, air conditioning and electrical system and the common area facilities provided by Lessor under the provisions hereof; provided, however, Lessor's obligation to make such repairs shall not relieve Lessee of the obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair the Leased Premises shall be limited to building standard items. Special leasehold improvements will, at Lessee's written request, be maintained by Lessor at Lessee's expense, at a cost or charge equal to the direct costs incurred in such maintenance plus 15% of said cost to cover overhead. Lessee shall reimburse Lessor upon demand for the cost of repairing any damage to the Leased Premises or the Building caused by the deliberate act sprinkler system or negligent act any water leakage, including, but not limited to, damage to Lessee's merchandise, unless due to the negligence or willful misconduct of Lessee or Lessee, its employees, agents or invitees contractors or if such damage occurs after written notice to Lessor raising specific concerns about such sprinkler(s), water pipe(s), and/or any other such matters. Any funds spent by Lessor on maintenance will be charged back on a pro rata basis to Lessee on its common area maintenance. Lessor shall not covered by insurance. be liable for any latent defect in the demised Premises or in the building of which they form a part except for a period of one (1) year from the date Lessee shall, at its expense, keep in good order, condition and state of repair all portions takes possession of the Leased demised Premises. All property of Lessee kept or stored on the demised Premises with the exception of those to be maintained and repaired by Lessor under the foregoing provisions. In the event Lessee fails to comply with the requirements of this paragraph, Lessor may make such maintenance and repair and the cost thereof, plus 15% of said costs to cover overhead, with interest at 15% per annum shall be immediately payable so kept or stored at the risk of Lessee only and Lessee shall hold Lessor harmless from any and all claims arising out of damage to Lessor as Additional Rentsame, including subrogation claims by Lessee's insurance carriers unless due to the negligence or willful misconduct of Lessee, its employees, agents, or contractors.