Common use of Repairs by Lessor Clause in Contracts

Repairs by Lessor. 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 a result of such defect. LESSOR shall not be liable for failure to make such repairs or to perform any maintenance unless such failure shall persist for a period in excess of sixty (60) days following written notice to LESSOR of the need for such repair or maintenance. Except as herein provided regarding casualty loss, there shall be no abatement of rent, and no liability of LESSOR by reason of any injury to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in or to any portion of the Shopping Center or the Premises, or in or to fixtures and equipment therein. LESSEE waives the right to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effect.

Repairs by Lessor. LESSOR agrees to keep and maintain Except as otherwise provided in good order and repair the roofSection 4 hereof, 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 a result of such defect. LESSOR Lessor shall not be liable 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 failure 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 or to perform any maintenance unless such failure shall persist for a period in excess of sixty (60) days following written notice to LESSOR not relieve Lessee of the need for such obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair or maintenance. Except as herein provided regarding casualty loss, there the Leased Premises shall be no abatement 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 rentsaid 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 no liability state of LESSOR by reason of any injury to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in or to any portion repair all portions of the Shopping Center or Leased Premises with the Premisesexception 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, or in or Lessor may make such maintenance and repair and the cost thereof, plus 15% of said costs to fixtures and equipment therein. LESSEE waives the right cover overhead, with interest at 15% per annum shall be immediately payable to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effectLessor as Additional Rent.

Repairs by Lessor. LESSOR Lessor agrees to keep and maintain in good order and repair condition the roof, exterior walls, gutters, sprinkler system (if any), parking areas and hallways and sidewalks which make up the structural components "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 exterior walls 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 nearly like kind as can reasonably be obtained by either Lessor or Lessee) as existed before. Lessor gives to Lessee exclusive control of all signs, doors, windows the Premises and glass, including plate glass) of shall be under no obligation to inspect 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 Lessee shall at once report in writing to LESSOR Lessor any known Lessee Initials /s/ ADW / defective condition actually known to Lessee which LESSOR Lessor is required to repair pursuant to this Paragraph repair, and LESSEE’S failure to so report to LESSOR any such condition or defect shall make LESSEE Lessee responsible to LESSOR Lessor for any liabilities, costs, expenses, and attorneys’ fees liability incurred by LESSOR as a result Lessor by reason of such defectdefect to the extent that Lessee's delay caused such liability. LESSOR 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 liable for failure any damage caused by the sprinkler system or any water leakage, including, but not limited to, damage to make Lessee's merchandise, unless due to the negligence or willful misconduct of Lessee, its employees, agents or contractors or if such repairs 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 be liable for any latent defect in the demised Premises or to perform any maintenance unless such failure shall persist in the building of which they form a part except for a period in excess of sixty one (601) days following written notice to LESSOR year from the date Lessee takes possession of the need for such repair demised Premises. All property of Lessee kept or maintenance. Except as herein provided regarding casualty loss, there stored on the demised Premises shall be no abatement so kept or stored at the risk of rentLessee only and Lessee shall hold Lessor harmless from any and all claims arising out of damage to same, and no liability including subrogation claims by Lessee's insurance carriers unless due to the negligence or willful misconduct of LESSOR by reason of any injury to or interference with LESSEE’S business arising from the making of any repairsLessee, alterations or improvements in or to any portion of the Shopping Center or the Premisesits employees, agents, or in or to fixtures and equipment therein. LESSEE waives the right to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effectcontractors.

Repairs by Lessor. LESSOR 1. Lessor agrees to keep and maintain in good order and repair the roof, foundations and the structural components exterior walls of the exterior walls Premises (exclusive of all signsglass and all exterior doors), doorsand the underground utility and sewer pipes outside the exterior walls for the building of which the Premises are a part (the "Building"), windows and glass, including plate glass) of the Premises. If any such maintenance and repairs are caused in part or in whole except repair rendered necessary by the act, neglect, fault negligence or omission by LESSEEaction of Lessee, its agents, servants, or employees, or by breaking invitees. Lessor gives to Lessee exclusive control of the Premises and entering, LESSEE Lessor shall pay be under no obligation to LESSOR inspect the actual cost of such maintenance and repairsPremises. LESSEE Lessee shall at once promptly report in writing to LESSOR Lessor any known Lessee Initials /s/ ADW / defective condition known to it which LESSOR Lessor is required to repair pursuant to this Paragraph repair, and LESSEE’S failure to so report to LESSOR any such condition or defect defects shall make LESSEE Lessee responsible to LESSOR Lessor for any liabilities, costs, expenses, and attorneys’ fees liability incurred by LESSOR as a result 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 of this lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. LESSOR Lessor shall have the right, but not be liable for failure the duty, to enter the Premises at any time in order to examine the Premises or to make such repairs repair as required therein or to perform any maintenance unless such failure shall persist which Lessor may deem necessary for a period in excess of sixty (60) days following written notice to LESSOR the safety of, or preservation of the need Premises or of the Building. Nothing contained in this Lease shall require Lessor to make any repairs for damages caused by Lessee and Lessee shall cause such repair or maintenancerepairs to be made at its expense. 2. Except The air conditioning and heating system is accepted by Lessee as herein provided regarding casualty loss, there shall be no abatement in satisfactory operating condition at the date of rentoccupancy, and no liability Lessee shall maintain said system in good operating condition during the term of LESSOR by reason of this Lease and any injury to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in or to any portion of the Shopping Center or the Premises, or in or to fixtures and equipment therein. LESSEE waives the right to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effectextension thereof.

Repairs by Lessor. LESSOR agrees to keep and maintain Except as otherwise provided in good order and repair the roofSection 4 hereof, 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 a result of such defect. LESSOR Lessor shall not be liable 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 failure 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, 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 or to perform any maintenance unless such failure shall persist for a period in excess of sixty (60) days following written notice to LESSOR not relieve Lessee of the need for 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 repair or maintenance. Except as herein provided regarding casualty lossLessee 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, there 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, with interest at 10% per annum shall be no abatement of rent, and no liability of LESSOR by reason of any injury immediately payable to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in or to any portion of the Shopping Center or the Premises, or in or to fixtures and equipment therein. LESSEE waives the right to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effectLessor as Additional Rent.

Repairs by Lessor. LESSOR agrees to Lessor shall keep and maintain in good order and repair the foundations below the floor, roof, and the structural components portions of the exterior walls of Premises (exclusive of all signsexcept any walls, doorswhether temporary or permanent, windows installed by Lessee), in good condition and glassrepair, including plate glass) except for repairs or replacements occasioned or required by reason of the Premisesacts of Lessee, its employees, agents, invitees, licensees, or contractors. If Lessee agrees to give Lessor written notice of the necessity for repairs or replacements coming to the attention of Lessee. Lessor shall not be obligated to make any repair or replacement required of it until notice in writing from Lessee of the need for same. Lessor shall have a reasonable time after Lessee's written notice in which to make such maintenance and repairs are caused repair or replacement. The provisions of this Article shall not apply in part the event of damage or destruction by fire or other casualty or taking under a power of eminent domain, in whole which event the obligations of Lessor shall be controlled 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 repairssame. 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 a result of such defect. LESSOR 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 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 other occupants of the property of which Premises is a part. Lessor shall not be liable for any damage occasioned for failure to keep Premises in repair, unless Lessor is obligated to make such repairs or to perform any maintenance under the terms hereof and unless such failure shall persist for a period in excess of sixty (60) days following written notice to LESSOR of the need for repairs has been given Lessor and a reasonable time has elapsed and Lessor has failed to make such repair repairs. Lessor shall not be liable to Lessee for any damages to person or maintenance. Except as herein provided regarding casualty lossproperty resulting from fire or other hazards, there shall be no abatement regardless of rentthe cause thereof, and no Lessee hereby releases Lessor from all liability of LESSOR by reason of any injury to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in or to any portion of the Shopping Center or the Premises, or in or to fixtures and equipment therein. LESSEE waives the right to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effectfor such damage.

Repairs by Lessor. LESSOR agrees Except as otherwise set forth in this Lease, 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 or repairs previously agreed to by Lessor. Lessor shall keep and maintain in good order order, condition and state of repair the structural portions of the Building, the roof, the plumbing, heating, air conditioning and electrical system and the structural components of common area facilities provided by Lessor under the exterior walls (exclusive of all signsprovisions hereof; provided, doorshowever, 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 a result of such defect. LESSOR shall not be liable for failure Lessor's obligation to make such repairs or to perform any maintenance unless such failure shall persist for a period in excess of sixty (60) days following written notice to LESSOR not relieve Lessee of the need for such obligation to pay all sums which become due under this Lease. The obligation of Lessor to maintain and repair or maintenance. Except as herein provided regarding casualty loss, there the Leased Premises shall be no abatement limited to Building standard items. Lessee shall reimburse Lessor upon demand for the cost of rentrepairing any damage to the Leased Premises or the Building caused by the deliberate act or negligent act of Lessee or its employees, agents, invitees or others acting on its behalf. Lessee shall, at its expense, keep in good order, condition and no liability state of LESSOR by reason of any injury to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in or to any portion repair all portions of the Shopping Center or Leased Premises with the Premises, or in or exception of those to fixtures be maintained and equipment therein. LESSEE waives repaired by Lessor under the right to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effectforegoing provisions.

Repairs by Lessor. LESSOR agrees Unless otherwise expressly stipulated herein, Lessor shall not be required to keep make any improvements or repairs of any kind or character to the Leased Premises during the Term, except such repairs to Building standard improvements as may be deemed necessary by Lessor for normal maintenance operations, foundation, exterior walls (not including the interior of such exterior walls, interior of all perimeter doors), windows and maintain in good order plate glass, HVAC system and repair fixtures, conduit, piping and equipment located outside the Leased Premises above the ceiling, Building standard plumbing and electrical systems, fixtures, conduit, piping and equipment, subfloor, roof, and the structural components of the exterior walls (exclusive of all signsBuilding. Non-Building standard leasehold improvements will, doorsat Lessee's written request, windows and glassbe maintained by Lessor at Lessee's expense, including plate glass) of at a cost or charge equal to the Premises. If any costs incurred in such maintenance plus an additional charge of ten percent (10%). Notwithstanding any provisions of this Lease to the contrary, all repairs, alterations or additions to the base Building 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 systems (as opposed 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, expensesthose involving only Lessee's leasehold improvements), and attorneys’ fees incurred all repairs, alterations and additions to Lessee's non-Building standard leasehold improvements which affect the Building's structural components or major mechanical, electrical or plumbing systems, made by, for or on behalf of Lessee and any other tenants in the Building shall be made by LESSOR as a result Lessor or its contractor only, and, if on behalf of such defectLessee, shall be paid for by Lessee in an amount equal to Lessor's costs plus ten percent (10%). LESSOR Lessor shall not be liable to Lessee, except as expressly provided in this Lease, for failure to make such repairs any damage or to perform any maintenance unless such failure shall persist for a period in excess of sixty (60) days following written notice to LESSOR of the need for such repair or maintenance. Except as herein provided regarding casualty loss, there shall be no abatement of rentinconvenience, and no liability Lessee shall not be entitled to any abatement or reduction of LESSOR rent by reason of any injury to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in additions made by Lessor under this Lease. Notwithstanding the above, the Lessee shall have the obligation hereunder to repair or replace any damage or injury done to any portion of the Shopping Center or the Building, Leased Premises, its leasehold improvements or in any other part thereof caused by Lessee or to fixtures Lessee's agents, contractors, employees, and equipment therein. LESSEE waives the right to make repairs at LESSOR’s expense under any lawinvitees, statute or ordinance now or hereafter in effectspecifically excepting ordinary wear and tear.