Responsibility of Landlord. (a) Landlord agrees to repair and maintain in good order and condition the roof, roof drains, outside walls, foundations and structural portions, both interior and exterior, of the Leased Premises. There is excepted from the preceding covenant, however, (1) repair or replacement of broken plate or window glass (except in case of damage by fire or other casualty covered by Landlord's fire and extended coverage policy); (fl) doors, door closure devices, window and door frames, moldings, locks and hardware; (iii) air conditioning units, (iv) repair of damage caused directly or indirectly by the negligence of the Tenant, its employees, agents, contractors, customers, invitees, and (v) interior repainting and redecoration. In no event, however, shall Landlord be liable for damages or injuries arising from the failure to make said repairs, nor shall Landlord be liable for damages or injuries arising from defective workmanship or materials. In making any such repairs, Tenant waives the provision of any law, now or hereafter in effect, or any right under common law, permitting it to make repairs at Landlord's expense.
(b) Except as hereinabove provided in Subparagraph (a), Landlord shall not be obligated or required to make any other repairs, and all other portions of the Leased Premises shall be kept in good repair and condition by Tenant, and at the end of the term of this Lease. Tenant shall deliver the Leased Premises to Landlord in good repair and condition, reasonable wear and tear and damage from fire and other casualty excepted.
(c) Neither Landlord nor Landlord's agents or servants shall be liable for any damages caused by or growing out of any breakage, leakage, getting out of order or defective condition of the electric wiring, air conditioning or heating pipes and equipment, closets, plumbing, appliances, sprinklers, other equipment or other facilities serving the Leased Premises. Neither Landlord nor Landlord's agents or servants shall be liable for any damages caused by, or growing out of any defect in the Shopping Center or any part thereof, or in any building attached or adjacent thereto, or a part thereof, or in said Leased Premises or a part thereof, or caused by, or growing out of fire, rain, wind or other cause.
Responsibility of Landlord. The Landlord shall maintain and keep in a good state of repair:
(a) The Building structure, roof, and permanent building walls (except for interior faces facing into the Premises).
(b) Equipment installed by the Landlord to heat, ventilate, and air-condition the Building.
(c) Systems installed by the Landlord for the distribution of Utilities.
(d) The Common Areas including the elevators.
(e) The Landlord's Improvements in the Premises.
Responsibility of Landlord. Provided Tenant is not in default according to the terms of this Lease and subject to interruption caused by repairs, renewals, improvements, changes of service and alterations to the Leased Premises, and further, subject to interruption caused by strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, "Acts of God," and conditions and causes beyond the control of Landlord, Landlord will furnish the following services to Tenant:
7.1.1 Landlord agrees to repair and maintain in good order and condition the roof, roof drains, outside walls, foundations and structural portions, both interior and exterior, of the Leased Premises. Landlord shall initiate repairs of applicable problems within a reasonable period of time after receipt of written notice of needed repairs or maintenance with completion as soon as reasonably possible. There is excepted from this provision, however:
7.1.1.1 Repair or replacement of broken plate or window glass (except in case of damage by fire or other casualty covered by Landlord's fire and extended coverage policy);
7.1.1.2 Interior and exterior doors, door closure devices, window and door frames, moldings, locks and hardware;
7.1.1.3 Repair of damage caused directly or indirectly by the negligence or intentional acts of Tenant, its employees, agents, contractors, customers, invitees; and
Responsibility of Landlord. During the Lease Term, Landlord agrees to make timely payment of the existing mortgage(s) on subject property and pay all property taxes and association fees, if applicable, when due. If Landlord fails to make such mortgage payments in a timely manner, or to pay all real estate taxes or association fees thereon, Tenant shall have the right to elect to cancel and rescind this Lease Agreement by giving written notice to Landlord of such election and Tenant shall thereupon be entitled to a return of all prepaid Rents and the Security Deposit, or in the alternative, Tenant may elect to pay such delinquent mortgage payments to the mortgagee and/or pay any delinquent taxes or association fees on said Leased Property and shall receive full credit for such sums as may be extended by Tenant toward the amount owed to Landlord under the terms of this Lease Agreement. In such case, this Lease Agreement shall remain in full force and effect.
Responsibility of Landlord. Subject to Part 11, Landlord shall maintain and keep in a good state of repair:
.1 the Building structure, roof, and permanent building walls (except for interior faces facing into the Premises), .2 the HVAC Facilities, .3 systems and equipment installed by Landlord for the supply and distribution of Utilities, .4 the Common Areas including the elevators, .5 Landlord’s Improvements in the Premises, and .6 damage from causes against which Landlord has agreed to insure, as primary insurer. The following provisions limit Landlord’s obligations in this section 7.2: .7 if all or part of such systems, facilities and equipment are destroyed, damaged or impaired, Landlord will have a reasonable time in which to complete the necessary repair or replacement, and during that time will be required only to maintain such services as are reasonably possible in the circumstances, .8 Landlord may temporarily discontinue such services or any of them at such times as may be necessary due to Unavoidable Delay, .9 Landlord will use reasonable diligence in carrying out its obligations under this section 7.2, but will not be liable under any circumstances for any consequential damage to any person (including, without limitation, Tenant) or to any property for any failure to do so, .10 no reduction or discontinuance of Landlord services will be construed as an eviction of Tenant or release Tenant from any obligation of Tenant under this Lease, and .11 nothing contained herein will derogate from the provisions of Part 11.
Responsibility of Landlord. If Landlord fails to pay any installment -------------------------- of taxes or assessments or any interest, principal, costs or other charges upon any mortgage or mortgages or other liens and encumbrances affecting the Demised Premises or Entire Premises when any of the same become due, or if Landlord fails to make any repairs or do or complete any work required of it under any of the provisions of this Lease, or if Landlord fails to perform any covenant or agreement in this Lease contained on the part of Landlord to be performed, Tenant, after the continuance of any such failure or default for thirty (30) days after written notice thereof is given by Tenant to Landlord, may elect to pay said taxes, assessments, interest, principal, costs and other charges or cure such defaults on behalf of and at the expense of Landlord and do all necessary work and make all necessary payments in connection therewith. This shall include, without limitation, the payment of any counsel fees, costs and charges of or in connection with any legal or equitable action which may be brought and Tenant may further take such other proceedings at law or in equity as Tenant deems necessary, notwithstanding any other remedy herein provided. In the event of such election by Tenant, Landlord agrees to pay to Tenant any amount so paid by Tenant, and agrees that Tenant may withhold any and all rental payments and other sums due and becoming due after the expiration of the aforesaid notice period to the Landlord pursuant to the provisions of this Lease and may apply the same to the payment of such indebtedness of the Landlord until such indebtedness is fully paid. In addition to the foregoing, Tenant may proceed in equity to enjoin any breach by Landlord or by any other party of any provision of this Lease. Nothing herein contained shall preclude the Tenant from proceeding to collect the amount so paid by it, as aforesaid, without waiting for rental offsets to accrue. If at the expiration of the Term of this Lease there shall be any sums owing by Landlord to Tenant, this Lease may at the election of Tenant be extended and continued in full force and effect until the last day of the month following the date when the indebtedness of Landlord to Tenant shall have been fully paid. If any alleged default is of such a nature that it cannot be completely remedied or cured within the thirty (30) day period above provided, then notwithstanding the provisions of this Section to the contrary, Tenant ...
Responsibility of Landlord. Provided Tenant is not in default according to the terms of this Lease and subject to interruption caused by repairs, renewals, improvements, changes of service and alterations to the Leased Premises, and further, subject to interruption caused by strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, "Acts of God," and conditions and causes beyond the control of Landlord, Landlord will furnish the following services to Tenant:
7.1.1 Landlord agrees to repair and maintain in good order and condition the roof, roof drains, outside walls, foundations and structural portions, both interior and exterior, of the Leased Premises. Landlord shall initiate repairs of applicable problems within a reasonable period of time after receipt of written notice of needed repairs or maintenance with completion as soon as reasonably possible. Unless caused by the gross negligence, intentional acts or willful misconduct of the Landlord, its officers, directors, agents or employees, there is excepted from this provision, however:
7.1.1.2 interior and exterior doors, door closure devices, window and door frames, moldings, locks and hardware; 7.
Responsibility of Landlord. Landlord shall not be responsible under this Ground Lease for any claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith, arising out of (i) any activity by Tenant or its agents or contractors carried on or undertaken on or off the Premises following the Possession Date in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport or disposal of any Hazardous Substances located or present on or under the Premises (except to the extent of any activity carried on or undertaken solely by or contracted for by Landlord or its agents and except to the extent that any Hazardous Materials are located or present on or under the Premises prior to the Possession Date); or (ii) the failure of Tenant or its agents or contractors following the Possession Date to comply with any Environmental Laws relating to the handling, treatment, presence, removal, storage, decontamination, cleanup, transportation or disposal of Hazardous Substances into, on, under or from the Premises whether or not such failure to comply was known or knowable, discovered or discoverable following the Possession Date.
Responsibility of Landlord. 245 During the Lease Term, Xxxxxxxx agrees to make timely payment of the existing mortgage(s) on subject property and pay 246 all property taxes and association fees, if applicable, when due. If Landlord fails to make such mortgage payments in a 247 timely manner, or to pay all real estate taxes or association fees thereon, Tenant shall have the right to elect to cancel and 248 rescind this Lease Agreement by giving written notice to Landlord of such election and Tenant shall thereupon be entitled 249 to a return of all prepaid Rents and the Security Deposit, or in the alternative, Tenant may elect to pay such delinquent 250 mortgage payments to the mortgagee and/or pay any delinquent taxes or association fees on said Leased Property and shall 251 receive full credit for such sums as may be extended by Tenant toward the amount owed to Landlord under the terms of 252 this Lease Agreement. In such case, this Lease Agreement shall remain in full force and effect.
Responsibility of Landlord. Provided Tenant is not in default according to the terms of this Lease and subject to interruption caused by repairs, renewals, improvements, changes of service and alterations to the Leased Premises, and further, subject to interruption caused by strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, “Acts of God,” and conditions and causes beyond the control of Landlord, Landlord will furnish the following services to Tenant:
7.1.1 Landlord agrees to repair and maintain in good order and condition the roof, roof drains, outside walls, foundations and structural portions, both interior and exterior, of the Leased Premises. Landlord shall initiate repairs of applicable problems within a reasonable period of time after receipt of written notice of needed repairs or maintenance with completion as soon as reasonably possible. There is excepted from this provision, however:
7.1.1.1 Repair or replacement of broken plate or window glass (except in case of damage by fire or other casualty covered by Landlord’s fire and extended coverage policy);
7.1.1.2 Interior and exterior doors, door closure devices, window and door frames, moldings, locks and hardware;
7.1.1.3 Repair of damage to the extent caused, directly or indirectly, by the negligence or intentional acts of Tenant, its employees, agents, contractors, customers, invitees; and
7.1.1.4 Interior repainting and redecoration.
7.1.2 Tenant acknowledges that there are certain settlement cracks present in the wall and floors of a portion of the Building which do not impair the use or safety thereof. Such condition does not violate Section 7.1.1 above or deemed to require “repair and maintain in good condition” action.
7.1.3 Landlord shall take such action as is necessary to deliver the thirteen (13) HVAC units servicing the Leased Premises in good working order.
7.1.4 Except to the extent caused by the gross negligence or intentional acts of Landlord or its agents, contractors or employees, Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, or leaks from any part of the Leased Premises or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatever nature. Except to the extent caused by the gross negligence of Landlord or...
