Common use of Ancillary Space Clause in Contracts

Ancillary Space. Tenant shall, promptly following the date any of the repairs hereafter described is required, at its expense and in compliance with Article 5 of this Lease, (i) make all nonstructural repairs to the Ancillary Space and the fixtures, equipment and appurtenances (which are not Building Systems) therein as and when needed to preserve the Ancillary Space in good working order and condition, except for reasonable wear and tear, damage for which Tenant is not responsible pursuant to this Lease and damage arising from the negligence or willful misconduct of Landlord or Landlord’s agents, which, subject to the provisions of Section 13.3, Landlord shall repair at its expense and (ii) replace or repair scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Ancillary Space. Without limiting the foregoing, all damage to the Ancillary Space or to any other part of the Ancillary Buildings, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Ancillary Space Alterations made by, or the moving of Tenant’s fixtures, furniture or equipment, including machinery and heavy equipment, into, within or out of the Ancillary Space by any Tenant Party (other than any Tenant’s invitee), shall be repaired at Tenant’s expense. All repairs required to be made by Tenant pursuant to this Section 7.2(a) shall be made by (A) Tenant, at Tenant’s expense if the required repairs are nonstructural in nature and do not affect any Building System or any portion of the Ancillary Buildings outside of the Ancillary Space, or (B) Landlord, at Tenant’s expense (equal to the reasonable, third party, out-of-pocket expenses actually incurred by Landlord with respect to which Landlord shall provide reasonable supporting documentation), if the required repairs are structural in nature, involve replacement of exterior window glass (if damaged by any Tenant Party other than any Tenant invitee), or affect any Building System or any portion of the Ancillary Buildings outside of the Ancillary Space and provided Landlord shall furnish Tenant with reasonable supporting documentation thereof. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any structural element or any Building System located in, servicing or passing through the Ancillary Space. All Tenant repairs shall be of a quality at least equal to the original work or construction using new construction materials, and shall be made in accordance with this Lease. If Tenant fails to proceed with due diligence to make any repairs required to be made by Tenant within a reasonable time not to exceed thirty (30) days after Landlord has so notified Tenant, Landlord may make such repairs, and all costs and expenses incurred by Landlord in so doing shall be paid by Tenant as provided in Article 21.

Ancillary Space. Tenant shall, promptly following the date any of the repairs hereafter described is required, at its expense and in compliance with Article 5 of this Lease, (i) make all nonstructural repairs to the Ancillary Space and the fixtures, equipment and appurtenances (which are not Building Systems) therein as and when needed to preserve the Ancillary Space in good working order and condition, except for reasonable wear and tear, damage for which Tenant is not responsible pursuant to this Lease and damage arising from the negligence or willful misconduct of Landlord or Landlord’s agents, which, subject to the provisions of Section 13.3, Landlord shall repair at its expense and (ii) replace or repair scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Ancillary Space. Without limiting the foregoing, all damage to the Ancillary Space or to any other part of the Ancillary Buildings, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Ancillary Space Alterations made by, or the moving of Tenant’s fixtures, furniture or equipment, including machinery and heavy equipment, into, within or out of the Ancillary Space by any Tenant Party (other than any Tenant’s invitee), shall be repaired at Tenant’s expense. All repairs required to be made by Tenant pursuant to this Section 7.2(a) shall be made by (A) Tenant, at Tenant’s expense if the required repairs are nonstructural in nature and do not affect any Building System or any portion of the Ancillary Buildings outside of the Ancillary Space, or (B) Landlord, at Tenant’s expense (equal to the reasonable, third party, out-of-pocket expenses actually incurred by Landlord with respect to which Landlord shall provide reasonable supporting documentation), if the required repairs are structural in nature, involve replacement of exterior window glass (if damaged by any Tenant Party other than any Tenant invitee), or affect any Building System or any portion of the Ancillary Buildings outside of the Ancillary Space and provided Landlord shall furnish Tenant with reasonable supporting documentation thereof. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any structural element or any Building System located in, servicing or passing through the Ancillary Space. All Tenant repairs shall be of a quality at least equal to the original work or construction using new construction materials, and shall be made in accordance with this Lease. If Tenant fails to proceed with due diligence to make any repairs required to be made by Tenant within a reasonable time not to exceed thirty (30) days after Landlord has so notified Tenant, Landlord may make such repairs, and all costs and expenses incurred by Landlord in so doing shall be paid by Tenant Xxxxxx as provided in Article 21.