Common use of REPAIRS TO BE MADE BY LANDLORD Clause in Contracts

REPAIRS TO BE MADE BY LANDLORD. Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium Documents, Landlord agrees to keep in good order, condition and repair the common areas of the commercial portions of the Building (including, but not limited to, the base Building systems), insofar as any of the foregoing affects the Premises and any damage cause by Landlord’s negligence or willful misconduct subject to the provisions of Section 13.19. Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading to the Premises, or for any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant, or for any condition of the Building which is not the responsibility of the Landlord under the Condominium Documents. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless otherwise expressly provided in this Lease. Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice if any repairs are, in fact, necessary.

REPAIRS TO BE MADE BY LANDLORD. 6.3.1. Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium DocumentsLease, Landlord agrees to keep in good order, condition and repair repair, the roof, exterior walls, structural components and common building systems of the Building insofar as they affect or serve the Premises and the appurtenant common areas of the commercial portions of the Building (includingBuilding, but not limited toand to maintain, repair and replace, in a good working order and condition, the base Building systemsHVAC (except the supplemental HVAC system and equipment serving Tenant's computer room as set forth below), insofar as any of plumbing electrical and other mechanical systems and equipment serving the foregoing affects Premises, unless installed by or for Tenant or exclusively serving and located within the Premises and any damage cause by Landlord’s negligence or willful misconduct subject to the provisions of Section 13.19Premises. Without limitation, Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading directly to the Premises, or for any Alterations installed by or at Tenant's request, or for any condition in the Premises or the Building or, subject to Section 13.22, caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant. Landlord also agrees to maintain the parking areas, or for any condition of roadways and landscaping on the Property surrounding the Building which is in good order and repair, including but not the responsibility of the Landlord under the Condominium Documentslimited to providing adequate lighting and snow removal therefrom. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless expressly otherwise expressly provided in this Lease. All costs incurred by Landlord in connection with the foregoing obligations shall be included as part of Operating Expenses, subject to the terms of Section 8.2. 6.3.2. Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant Tenant, to the extent it has knowledge of any such defective condition, has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice if any repairs are, in fact, necessary.

REPAIRS TO BE MADE BY LANDLORD. Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium Documents, Landlord agrees to keep in good order, condition and repair the Common Areas and common areas facilities of the commercial portions of the Building (Building, including, but not limited to, all HVAC, electrical, plumbing, security, life safety and other mechanical systems ("Building Systems") and the base Building systems)driveways and other common areas of the Lot, and the structure, foundations and roof of the Building, insofar as any of the foregoing affects the Premises or access thereto or the use thereof, and shall maintain the same in accordance with applicable laws, ordinances, governmental rules and regulations, directions and orders of officers of governmental agencies having jurisdiction except that where the same results from the specific nature of Tenant's use or any damage cause alterations or changes made by Landlord’s negligence or willful misconduct subject to Tenant, Tenant shall reimburse Landlord for the provisions of Section 13.19cost thereof upon demand. Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the entry doors leading to the Premises, or for with respect to any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under TenantXxxxxx, or Landlord shall restore the same and Tenant shall reimburse Landlord for any condition of the Building which is not the responsibility of the Landlord under the Condominium Documentscost thereof upon demand. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless otherwise expressly provided in this Lease. Landlord shall use all commercially reasonable efforts to minimize noise or vibration on the roof of the Building, and in connection therewith Landlord's design of the HVAC units and other equipment located on the roof shall be such that noise levels will not exceed 44 dBA or XX XX 37 [equivalent NC 34 more or less] (the "Noise Standard"). Landlord shall cause all equipment located on the roof by other tenants to be designed to satisfy the Noise Standard, and Tenant shall cause any of its equipment located on the roof to be designed to satisfy the Noise Standard. If any equipment located on the roof by Landlord or other tenants shall not satisfy the Noise Standard in operation, then Landlord shall perform such work as shall be necessary so that such equipment shall satisfy the Noise Standard in operation, and if any equipment located on the roof by Tenant does not satisfy the Noise Standard in operation then Tenant shall perform such work as shall be necessary to cause such equipment to satisfy the Noise Standard in operation. Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsibleresponsible except that to the extent that the Landlord or its agent otherwise has actual knowledge of the need for such repair then such notice shall not be required and Landlord shall be required to commence to make such repairs within a reasonable time after Landlord has actual knowledge thereof; and (b) Landlord has failed to commence to make such repairs within a reasonable time five (5) business days after receipt of such notice or actual knowledge if any repairs are, in fact, necessary.

REPAIRS TO BE MADE BY LANDLORD. 6.3.1 Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium DocumentsLease, Landlord agrees to keep in good order, condition and repair repair, the roof, exterior walls, structural components and common building systems of the Building insofar as they affect or serve the Premises and the appurtenant common areas of the commercial portions of Building, and to maintain and repair the Building (includingHVAC system and equipment serving the Premises, but not limited tounless installed by or for Tenant. Without limitation, the base Building systems), insofar as any of the foregoing affects the Premises and any damage cause by Landlord’s negligence or willful misconduct subject to the provisions of Section 13.19. Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading to the Premises, or for any improvements, additions or alterations (including the Tenant’s Improvements) installed by or for the Tenant, or for any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant. Landlord also agrees to maintain the parking areas, or for any condition of roadways and landscaping on the property surrounding the Building which is not the responsibility of the Landlord under the Condominium Documentsin good order and repair. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless expressly otherwise expressly provided in this Lease. All costs incurred by Landlord in connection with the foregoing obligations shall be included as part of Operating Expenses. 6.3.2 Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time thirty (30) days’ after receipt of such notice if any repairs are, in fact, necessary.

REPAIRS TO BE MADE BY LANDLORD. 10.1.1. Except as otherwise provided in this Lease and to Section, Landlord shall maintain (i) the extent the obligation to maintain the same is the responsibility structural soundness of the Landlord under the Condominium Documents, Landlord agrees to keep in good order, condition and repair the common areas roof of the commercial portions Building; (ii) the structural soundness of the exterior walls of the Building (includingexcluding all doors and locks, but not limited todoor frames, storefronts, windows and glass within the base Building systemsPremises), insofar ; and (iii) the structural columns and floors (excluding floor coverings such as any carpet and floor tile) of the foregoing affects the Premises and the Building, provided Tenant gives Landlord written notice specifying the need for and nature of such repairs; and further provided, however, that if Landlord is required to make any damage cause by Landlord’s negligence or willful misconduct subject repairs to the provisions such portions of Section 13.19. Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for Building by reason, in whole or in part, of the doors leading negligent act or failure to the Premisesact by Tenant or Tenant's contractors or subcontractors or its or their agents or employees, or for by reason of any condition in unusual use of the Premises by Tenant (whether or not such use is contemplated within the Building caused by definition of the Permitted Use) then Landlord may collect the cost of such repairs, as Additional Rent, upon demand. 10.1.2. If without Landlord's prior consent, Tenant performs or permits to be performed any act or neglect Alterations which affect the structural portions of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant, or for any condition the Premises and/or the roof of the Building or which is not affect the responsibility structural integrity of the Building, such action by Tenant shall release and discharge Landlord as of the commencement of such Alteration from such repair obligation. Thereafter, Tenant agrees to be solely responsible under Landlord's supervision for the Condominium Documentsmaintenance, repair, and replacement of any or all such structural portions and/or roof which have been affected as aforesaid, and Tenant shall commence promptly after demand by Landlord to make any such repairs and replacements and proceed diligently to complete them. If Tenant fails in the performance of such responsibilities, to Landlord's satisfaction, then, in addition to Landlord's other remedies under this Lease, at law or in equity, Landlord may (but shall not be responsible obligated to) cure such failure on behalf of Tenant without any liability of Landlord for damage to make any improvements Tenant's fixtures or repairs other property or to the Building or the Premises other than Tenant's business by reason thereof. In such case Tenant shall reimburse Landlord, as expressed in this Section 6.4 unless otherwise expressly provided in this Lease. Landlord shall never be liable Additional Rent, upon demand, for any failure sums paid or costs incurred in curing such failure, together with interest at the Default Rate accounting from the date of demand until payment is made. If Tenant performs or permits to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken be performed any Alterations inconsistently with Landlord's prior consent then such work shall be deemed to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice if any repairs are, in fact, necessaryhave been performed without Landlord's consent.

REPAIRS TO BE MADE BY LANDLORD. Except as otherwise Landlord, at its expense, will make, or cause to be made structural repairs to exterior walls, structural columns, roof penetrations and structural floors which collectively enclose the premises (excluding, however, all doors, door frames, storefronts, windows and glass) provided in this Lease and Tenant shall give Landlord notice of the necessity for such repairs. However, due to the extent such repairs are necessary due to the obligation to maintain negligence of the same is Tenant or any individual or entity acting at the direction of or on behalf of the Tenant, the expense of such repairs shall be solely the responsibility of the Landlord under the Condominium DocumentsTenant, Landlord agrees to keep in good order, condition and repair the common areas of the commercial portions of the Building (including, but not limited to, the base Building systems), insofar as any of the foregoing affects the Premises and any damage cause by Landlord’s negligence or willful misconduct subject to notwithstanding the provisions of Section 13.19. Landlord shall the first sentence of this paragraph 18A. Other than as expressly provided in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading to the Premisesthis paragraph 18A, or for any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant, or for any condition of the Building which is not the responsibility of the Landlord under the Condominium Documents. Landlord shall not be responsible to maintain or make any improvements or repairs of any kind in or upon the premises or any portion thereof. Anything herein to the Building or the Premises other than as expressed in this Section 6.4 unless otherwise expressly provided in this Lease. contrary notwithstanding, Tenant agrees that: (a) Landlord shall never not be obligated or liable for any failure to make repairs which, under or delay regarding its repair obligation hereunder unless and until the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result expiration of a condition in the Building or in the Premises requiring any reasonable period of time after receipt of written notice from Tenant that a repair for which by Landlord is responsibleneeded; and (b) Landlord has failed Tenant, at its expense, will be responsible for repairing all roof areas that may leak as a result of the installation, maintenance, repair, removal and/or replacement of any heating, exhaust, ventilating or air conditioning fixtures, facilities or equipment servicing the premises or any part thereof that Tenant was responsible for effecting; and (c) in no event will Tenant or anyone else acting for or on behalf of Tenant take or fail to commence take any action that may void or otherwise adversely affect any warranties or guarantees in Landlord’s favor. Notwithstanding anything herein to make such repairs within a reasonable time after receipt the contrary, any damage to Tenant, its property, leasehold improvement or its business caused by leaks in the roof shall be the sole responsibility of such notice if any repairs are, in fact, necessaryTenant.

REPAIRS TO BE MADE BY LANDLORD. i. Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium DocumentsLease, Landlord agrees to keep in good order, condition and repair consistent with the common areas first-class nature of the commercial portions Building, the roof (including the roof membrane), exterior walls, structural components and common building systems (including the electrical, mechanical and plumbing systems) of the Building (including, but not limited to, the base Building systems), insofar as any of the foregoing affects they affect or serve the Premises and any damage cause the appurtenant Common Areas of the Building, and to maintain, repair and, as necessary or desirable, replace the HVAC system and equipment serving the Premises, unless installed by Landlord’s negligence or willful misconduct subject for Tenant. Landlord shall comply with all present and future Laws and Restrictions applicable to the provisions Common Areas of Section 13.19the Building insofar as the same affect Tenant’s use of the Premises. Without limitation, Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading to the Premises, or for any improvements, additions or alterations [TO BE DETERMINED: (including the Tenant’s Improvements)] installed by or for the Tenant, or for any plumbing or electrical fixtures located exclusively within the Premises, or for any for any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant. Landlord also agrees to maintain the parking areas, or for any condition of roadways and landscaping on the property surrounding the Building which is not in good order and repair and shall keep the responsibility parking areas and roadways reasonably free of the Landlord under the Condominium Documentssnow and ice accumulation. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless expressly otherwise expressly provided in this Lease. All costs incurred by Landlord in connection with the foregoing obligations shall be included as part of Operating Expenses as and to the extent set forth in Section 8.2 below. ii. Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice if any repairs are, in fact, necessary; provided, however, the foregoing shall not be construed to alleviate Landlord’s obligations to perform its obligations hereunder in a commercially reasonable manner.

REPAIRS TO BE MADE BY LANDLORD. 6.3.1. Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium DocumentsLease, Landlord agrees to keep in good order, condition and repair repair, the roof, exterior walls, structural components and common building systems of the Building insofar as they affect or serve the Premises and the appurtenant common areas of the commercial portions of Building, and to maintain and repair the Building (includingHVAC system and equipment serving the Premises, but not limited tounless installed by or for Tenant. Without limitation, the base Building systems), insofar as any of the foregoing affects the Premises and any damage cause by Landlord’s negligence or willful misconduct subject to the provisions of Section 13.19. Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading to the Premises, or for any improvements, additions or alterations (including the Tenant's Improvements) installed by or for the Tenant, or for any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant. Landlord also agrees to maintain the parking areas, or for any condition of roadways and landscaping on the property surrounding the Building which is not the responsibility of the Landlord under the Condominium Documentsin good order and repair. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless expressly otherwise expressly provided in this Lease. All costs incurred by Landlord in connection with the foregoing obligations shall be included as part of Operating Costs. 6.3.2. Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: : (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice if any repairs are, in fact, necessary.

REPAIRS TO BE MADE BY LANDLORD. 10.1.1. Except as otherwise provided in this Lease and to Section, Landlord shall maintain (i) the extent the obligation to maintain the same is the responsibility structural soundness of the Landlord under the Condominium Documents, Landlord agrees to keep in good order, condition Building and shall maintain and repair the common areas roof of the commercial portions Building; (ii) the exterior walls of the Building (includingexcluding all doors and locks, but not limited todoor frames, storefronts, windows and glass within the base Building systemsPremises), insofar ; and (iii) the structural columns and floors (excluding floor coverings such as any carpet and floor tile) of the foregoing affects the Premises and the Building, provided Tenant gives Landlord written notice specifying the need for and nature of such repairs (but failure of notice shall not constitute a waiver of Landlord's obligations); and further provided, however, that if Landlord is required to make any damage cause repairs to such portions of the Premises or Building by reason, in whole or in part, of the negligent act or failure to act by Tenant or Tenant's contractors or subcontractors or its or their agents or employees, or by reason of any unusual use of the Premises by Tenant (whether or not such use is contemplated within the definition of the Permitted Use) then (subject to the limitations of Section 14.5) Landlord may collect the cost of such repairs, as Additional Rent, upon demand. 10.1.2. If without Landlord’s negligence 's prior consent, Tenant performs or willful misconduct permits to be performed any Alterations which affects the structural portions of the Premises and/or the roof of the Building or which affects the structural integrity of the Building, such action by Tenant shall release and discharge Landlord as of the commencement of such Alteration from such repair obligation with respect to the affected portion of the Building. Thereafter, Tenant agrees to be solely responsible under Landlord's supervision for the maintenance, repair, and replacement of any or all such structural portions and/or roof which have been affected as aforesaid, and Tenant shall commence promptly after demand by Landlord to make an such repairs and replacements and proceed diligently to complete them. If Tenant fails in the performance of such responsibilities, to Landlord's satisfaction, then, in addition to Landlord's other remedies under this Lease, at law or in equity, and subject to the provisions of for Notice and cure provided in Section 13.19. 23, Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading to the Premises, or for any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant, or for any condition of the Building which is not the responsibility of the Landlord under the Condominium Documents. Landlord may (but shall not be responsible obligated to) cure such failure on behalf of Tenant without any liability of Landlord for damage to make any improvements Tenant's fixtures or repairs other property or to the Building or the Premises other than Tenant's business by reason thereof. In such case Tenant shall reimburse Landlord, as expressed in this Section 6.4 unless otherwise expressly provided in this Lease. Landlord shall never be liable Additional Rent, upon demand, for any failure sums paid or costs incurred in curing such failure, together with interest at the Default Rate accounting from the date of demand until payment is made. If Tenant performs or permits to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken be performed any Alterations inconsistently with Landlord's prior consent then such work shall be deemed to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice if any repairs are, in fact, necessaryhave been performed without Landlord's consent.

REPAIRS TO BE MADE BY LANDLORD. 6.3.1 Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium DocumentsLease, Landlord agrees to keep in good order, condition and repair consistent with the common areas first-class nature of the commercial portions Building, the roof (including the roof membrane), exterior walls, structural components and common building systems (including the electrical, mechanical and plumbing systems) of the Building (including, but not limited to, the base Building systems), insofar as any of the foregoing affects they affect or serve the Premises and any damage cause the appurtenant Common Areas of the Building, and to maintain, repair and, as necessary or desirable, replace the HVAC system and equipment serving the Premises, unless installed by Landlord’s negligence or willful misconduct subject for Tenant. Landlord shall comply with all present and future Laws and Restrictions applicable to the provisions Common Areas of Section 13.19the Building insofar as the same affect Tenant’s use of the Premises. Without limitation, Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the doors leading to the Premises, or for any improvements, additions or alterations (including the Tenant’s Improvements) installed by or for the Tenant, or for any plumbing or electrical fixtures located exclusively within the Premises, or for any for any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant. Landlord also agrees to maintain the parking areas, or for any condition of roadways and landscaping on the property surrounding the Building which is not in good order and repair and shall keep the responsibility parking areas and roadways reasonably free of the Landlord under the Condominium Documentssnow and ice accumulation. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless expressly otherwise expressly provided in this Lease. All costs incurred by Landlord in connection with the foregoing obligations shall be included as part of Operating Expenses as and to the extent set forth in Section 8.2 below. 6.3.2 Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsible; and (b) Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice if any repairs are, in fact, necessary; provided, however, the foregoing shall not be construed to alleviate Landlord’s obligations to perform its obligations hereunder in a commercially reasonable manner.

REPAIRS TO BE MADE BY LANDLORD. Except as otherwise provided in this Lease and to the extent the obligation to maintain the same is the responsibility of the Landlord under the Condominium Documents, Landlord agrees to keep in good order, condition and repair the Common Areas and common areas facilities of the commercial portions of the Building (Building, including, but not limited to, all HVAC, electrical, plumbing, security, life safety and other mechanical systems ("Building Systems") and the base Building systems)driveways and other common areas of the Lot, and the structure, foundations and roof of the Building, insofar as any of the foregoing affects the Premises or access thereto or the use thereof, and shall maintain the same in accordance with applicable laws, ordinances, governmental rules and regulations, directions and orders of officers of governmental agencies having jurisdiction except that where the same results from the specific nature of Tenant's use or any damage cause alterations or changes made by Landlord’s negligence or willful misconduct subject to Tenant, Tenant shall reimburse Landlord for the provisions of Section 13.19cost thereof upon demand. Landlord shall in no event be responsible to Tenant for the condition of glass in and about the Premises or for the entry doors leading to the Premises, or for with respect to any condition in the Premises or the Building caused by any act or neglect of Tenant or any contractor, agent, employee or invitee of Tenant, or anyone claiming by, through or under Tenant, or Landlord shall restore the same and Tenant shall reimburse Landlord for any condition of the Building which is not the responsibility of the Landlord under the Condominium Documentscost thereof upon demand. Landlord shall not be responsible to make any improvements or repairs to the Building or the Premises other than as expressed in this Section 6.4 unless otherwise expressly provided in this Lease. Landlord shall use all commercially reasonable efforts to minimize noise or vibration on the roof of the Building, and in connection therewith Landlord's design of the HVAC units and other equipment located on the roof shall be such that noise levels will not exceed 44 dBA or XX XX 37 [equivalent NC 34 more or less] (the "Noise Standard"). Landlord shall cause all equipment located on the roof by other tenants to be designed to satisfy the Noise Standard, and Tenant shall cause any of its equipment located on the roof to be designed to satisfy the Noise Standard. If any equipment located on the roof by Landlord or other tenants shall not satisfy the Noise Standard in operation, then Landlord shall perform such work as shall be necessary so that such equipment shall satisfy the Noise Standard in operation, and if any equipment located on the roof by Tenant does not satisfy the Noise Standard in operation then Tenant shall perform such work as shall be necessary to cause such equipment to satisfy the Noise Standard in operation. Landlord shall never be liable for any failure to make repairs which, under the provisions of this Section 6.4 or elsewhere in this Lease, Landlord has undertaken to make unless: (a) Tenant has given notice to Landlord of the need to make such repairs as a result of a condition in the Building or in the Premises requiring any repair for which Landlord is responsibleresponsible except that to the extent that the Landlord or its agent otherwise has actual knowledge of the need for such repair then such notice shall not be required and Landlord shall be required to commence to make such repairs within a reasonable time after Landlord has actual knowledge thereof; and (b) Landlord has failed to commence to make such repairs within a reasonable time five (5) business days after receipt of such notice or actual knowledge if any repairs are, in fact, necessary.