Common use of Tenant Repair Obligations Clause in Contracts

Tenant Repair Obligations. Subject to Landlord’s obligations under Section 7.1 above, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment (including VAV boxes), interior window coverings, and furnishings therein, men’s and women’s washrooms located on full floors leased by Tenant (other than Full Floor Base Building Restrooms), and the floor or floors of the Building on which the Premises is located (subject to Landlord’s obligation with regard to the Building Structure), in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after invoice, Landlord may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior notice to Tenant (but no notice shall be required in the case of an “Emergency”, as defined in Section 27, below), to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In connection with any such entries, Landlord shall use commercially reasonable efforts to minimize interference with the conduct by Tenant of its business from the Building (and, upon request by Tenant, if reasonably practical, Landlord shall make such repairs, alterations, improvements or additions after normal business hours and Tenant shall absorb the incremental extra costs of having the work performed after normal business hours). Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Tenant Repair Obligations. Subject to Landlord’s obligations under Section 7.1 above, Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the non-structural elements of the Premises, including all improvements, fixtures, equipment (including VAV boxes), interior window coverings, fixtures and furnishings therein, men’s and women’s washrooms located on full floors leased by Tenant (other than Full Floor Base Building Restrooms), and the floor or floors of the Building on which the Premises is located (subject to Landlord’s obligation with regard to the Building Structure)are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make commence such repairsrepairs within ten (10) business days following notice from Landlord (or thereafter fails to diligently pursue the same to completion), Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the actual cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after invoice, written demand (together with copies of the paid invoices evidencing the costs incurred by Landlord). Landlord may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior notice to Tenant (but no notice shall be required in the case of an “Emergency”, as defined in Section 27, below), times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In connection Except in the event of an emergency, Landlord will provide Tenant with at least five (5) business days’ prior notice of any of the actions set forth in this Section 7.1, to be taken by Landlord if such entriesaction will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the parking area and will perform such work as quickly as reasonably possible. Landlord shall use commercially reasonable diligent efforts to minimize interference ensure that the performance of any such work of repairs or alterations shall not interfere with Tenant’s use of the conduct by Premises (or any portion thereof) for Tenant’s business purposes (such efforts to include limiting the performance of any such work which might be disruptive to weekends or the evening and the cleaning of any work area prior to the commencement of the next business day). To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair: (w) Landlord shall not interfere unreasonably with or interrupt the business operations of Tenant of its business from within the Building Premises; (andx) Landlord shall not reduce Tenant’s usable space, upon request by Tenantexcept to a de minimus extent, if reasonably practical, the same are not installed behind existing walls or ceilings; (y) Landlord shall make box in any of the same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises; and (z) Landlord shall repair all damage caused by the same and restore such repairs, alterations, improvements or additions after normal business hours and Tenant shall absorb area(s) of the incremental extra costs of having Premises to the work performed after normal business hours)condition existing immediately prior to such work. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Tenant Repair Obligations. Subject to Landlord’s obligations under Section 7.1 above, Tenant shall, at Tenant’s Xxxxxx's own expense, keep the interior, non-structural portions of the Premises, including all improvements, fixtures, equipment (including VAV boxes), interior window coverings, fixtures and furnishings therein, men’s and women’s washrooms located on full floors leased by Tenant (other than Full Floor Base Building Restrooms), and the floor or floors of the Building on which the Premises is located (subject to Landlord’s obligation with regard to the Building Structure)are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s Xxxxxx's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord shall have the exclusive right, at Landlord’s 's option, or if Tenant fails but not the obligation, to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof Landlord's standard fee for its involvement with such repairs and replacements (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord at a commercially reasonable level), promptly upon being billed for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after invoice, same. Landlord may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior notice pursuant to Tenant (but no notice shall be required in the case terms of an “Emergency”, as defined in Section Article 27, below), to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In connection with any such entries, Landlord shall use commercially reasonable efforts to minimize interference with the conduct by Tenant of its business from the Building (and, upon request by Tenant, if reasonably practical, Landlord shall make such repairs, alterations, improvements or additions after normal business hours and Tenant shall absorb the incremental extra costs of having the work performed after normal business hours). Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Tenant Repair Obligations. Subject to Landlord’s 's obligations under Section 7.1 above, Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, equipment (including VAV boxes)equipment, interior window coverings, and furnishings therein, men’s 's and women’s washrooms located on full floors leased by Tenant (other than Full Floor Base Building Restrooms)'s washrooms, and the floor or floors of the Building on which the Premises is located (subject to Landlord’s obligation with regard to the Building Structure)located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s 's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements within thirty (30) days after invoice, . Landlord may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior notice to Tenant (but no notice shall be required in the case of an “"Emergency”", as defined in Section 27, below), to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In connection with any such entries, Landlord shall use commercially reasonable efforts to minimize interference with the conduct by Tenant of its business from the Building (and, upon request by Tenant, if reasonably practical, Landlord shall make such repairs, alterations, improvements or additions after normal business hours and Tenant shall absorb the incremental extra costs of having the work performed after normal business hours). Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Tenant Repair Obligations. Subject to LandlordTenant’s right to assume additional obligations under Section 7.1 above7.3 below, Tenant shall, at Tenant’s 's own expense, keep the internal, non-structural portions of the Premises, including all improvements, fixtures, equipment (including VAV boxes), interior window coveringsfurnishings, and furnishings thereinsystems and equipment therein (including, men’s without limitation, (a) plumbing fixtures and women’s washrooms equipment such as dishwashers, garbage disposals, and insta-hot dispensers, and (b) all equipment located on full floors leased by Tenant (other than Full Floor Base Building Restroomsin the Premises that is utilized to supply supplemental HVAC to the Premises), and the floor or coverings of the floors of the Building on which the Premises is located are located, and (subject to Landlord’s obligation with regard to c) the Building Structure)Back-Up Generator referenced by Section 29.34, below, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS ExceptionTerm ("Tenant's Repair Obligations"). In addition, to the extent required by Tenant’s Repair Obligations, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlordtime, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairsrepairs within a reasonable period of time following receipt of written notice of the need therefor, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Projectwhich shall not exceed two percent (2%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith, within thirty (30) days after invoice, Landlord may, but shall not be required to, enter of being billed for same. Upon Tenant’s initial occupancy of any portion of the Premises at all reasonable times, upon reasonable prior notice to Tenant (but no notice shall be required in the case of an “Emergency”, as defined in Section 27, below), to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In connection with any such entriesPremises, Landlord shall use commercially reasonable efforts assign to minimize interference with the conduct Tenant all manufacturer and contractor warranties and guaranties, if any, relating to items required to be maintained by Tenant of its business from the Building (and, upon request by Tenant, if reasonably practical, Landlord shall make such repairs, alterations, improvements or additions after normal business hours and Tenant shall absorb the incremental extra costs of having the work performed after normal business hours). Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effecthereunder.

Tenant Repair Obligations. Subject to Landlord’s obligations under Section 7.1 aboveExcept as otherwise expressly provided in this Lease, Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, equipment (including VAV boxes), interior window coverings, fixtures and furnishings therein, men’s and women’s washrooms located on full floors leased by Tenant (other than Full Floor Base Building Restrooms), and the floor or floors of the Building on which the Premises is located (subject to Landlord’s obligation with regard to the Building Structure)are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord shall have the exclusive right, at Landlord’s 's option, or if Tenant fails but not the obligation, to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof Landlord's standard fee for its involvement with such repairs and replacements (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord at a commercially reasonable level), promptly upon being billed for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after invoice, same. Landlord may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior notice pursuant to Tenant (but no notice shall be required in the case terms of an “Emergency”, as defined in Section Article 27, below), to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In connection with any such entries, Landlord shall use commercially reasonable efforts to minimize interference with the conduct by Tenant of its business from the Building (and, upon request by Tenant, if reasonably practical, Landlord shall make such repairs, alterations, improvements or additions after normal business hours and Tenant shall absorb the incremental extra costs of having the work performed after normal business hours). Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.. --19-- HEALTHPEAK INC. 00000 XXXXXXX XXXXXX XX XXXXXXXX IMMUNOTHERAPEUTICS

Tenant Repair Obligations. Subject Except to Landlord’s obligations under the extent covered by the warranties described in Section 7.1 above2(k) of the Tenant Work Letter, Tenant shall, at Tenant’s own expense, keep the Premises, Premises (including all improvements, fixtures, equipment (including VAV boxes)furnishings, flooring, electronic, phone and data cabling and related equipment, electrical wiring, non-structural walls, interior window windows, floor coverings, doors and furnishings door frames and plate glass therein) neat and clean and free of insects, men’s rodents, vermin, other pests and women’s washrooms located on full floors leased by Tenant (other than Full Floor Base Building Restrooms), Trash and the floor or floors of the Building on which the Premises is located (subject to Landlord’s obligation with regard to the Building Structure), in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at TenantTxxxxx’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord shall have the exclusive right, at Landlord’s option, or if Tenant fails but not the obligation, to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof Landlord’s standard fee for its involvement with such repairs and replacements (to be uniformly established for the Building at a commercially reasonable level), promptly upon being billed for same. Furthermore, except to the extent covered by the warranties described in Section 2(k) of the Tenant Work Letter, Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the proper maintenance and repair of all building systems, sanitary, electrical, heating, air conditioning, plumbing, security or other systems and of all equipment and appliances to the extent installed and/or operated by Tenant and/or exclusively serving the ProjectPremises (provided that Landlord shall have the right to repair the same at Tenant’s cost). Tenant agrees to provide regular maintenance by contract with a reputable qualified service contractor for the components of the electrical, plumbing and life-safety equipment exclusively servicing the Premises (if any) sufficient and for any heating, air-conditioning and/or ventilation equipment installed by (or at the request of) Tenant or any other Tenant Party after the Lease Commencement Date. Such maintenance contract and contractor shall be subject to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement reasonable approval. Tenant, annually (or more often at Landlord’s request, but in no event more often than quarterly unless requested in connection with a financing or sale), shall at reasonable intervals provide Landlord with copies of such repairs contracts and replacements within thirty (30) days after invoice, maintenance and repair records and/or reports. Landlord may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior notice pursuant to Tenant (but no notice shall be required in the case terms of an “Emergency”, as defined in Section Article 27, below), to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In connection with any such entries, Landlord shall use commercially reasonable efforts to minimize interference with the conduct by Tenant of its business from the Building (and, upon request by Tenant, if reasonably practical, Landlord shall make such repairs, alterations, improvements or additions after normal business hours and Tenant shall absorb the incremental extra costs of having the work performed after normal business hours). Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.