Common use of Duties to Repair Clause in Contracts

Duties to Repair. Landlord shall maintain and repair in a condition comparable to that maintained by landlords of Comparable Buildings, and in compliance with all laws, any and all structural portions of the Building, all restrooms located on each floor of the Premises (excluding executive washrooms, if any), and the Systems and Equipment; provided, however, Tenant shall be directly responsible for all maintenance and repair costs incurred by Landlord respecting Systems and Equipment located in the Premises, except for (all of which shall be Landlord’s responsibility to maintain and repair) (i) the HVAC system and all components, and the sprinkler systems, and without limitation, the pipes and other equipment connecting such interior main loops within the Premises to the Building’s base building HVAC and sprinkler systems located outside the Premises (collectively, the “Premises Base Building HVAC/Sprinkler Equipment”), (ii) repairs to Systems and Equipment in the Premises to the extent the condition necessitating such repair results from breakdowns or malfunctions of Systems and Equipment located outside the Premises and/or the Premises Base Building HVAC/Sprinkler Equipment, or (iii) repair or maintenance, which may be included in Direct Expenses, to base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems located in the Premises and which do not exclusively service the Premises. Landlord shall also maintain and repair the common areas in and outside of the Building, including all walkways, escalators and landscaping, in a condition comparable to that maintained by landlords of Comparable Buildings. Tenant shall, at Tenant’s own expense, keep the non-structural portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, except as provided as part of Landlord’s repair obligations set forth above or Landlord’s repair obligation in the event of a casualty or condemnation, Tenant shall, at Tenant’s own expense but under the supervision and subject to the prior approval of Landlord (to the extent required under Section 8.1), 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 or broken fixtures and appurtenances; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a reasonable percentage of the cost thereof (to be uniformly established for the Building and consistent with similar charges imposed by the landlords of Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other reasonable and actual costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same (including receipt of reasonably satisfactory evidence of such costs). Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable (no less than one (1) business days) prior notice to Tenant (except in the event of emergency) to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, and if requested by Tenant, Landlord shall perform such work after Tenant’s normal business hours (except in the event of emergency) to the extent reasonably practicable if the performance of such work will unreasonably interfere with Tenant’s normal business operations. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Duties to Repair. Landlord shall maintain repair and repair maintain, in a condition comparable to that maintained by landlords of Comparable Buildings, and in compliance with all lawsfirst-class condition, any and all structural portions (including foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, escalators, if any, elevator cabs, plazas and all common and public areas) and/or latent defects in the Building, other than with respect to tenant improvements constructed by or for the benefit of tenants of the Building, all restrooms located on each floor of which repair and maintenance obligations shall include the Premises (excluding executive washroomsbasic plumbing, if any)heating, ventilating, air-conditioning and the Systems and Equipment; provided, however, Tenant shall be directly responsible for all maintenance and repair costs incurred electrical systems installed or furnished by Landlord respecting Systems and Equipment not located in within the Premises. Except as set forth above, except for (all of which shall be the obligation of Landlord’s responsibility to maintain and repair) (i) the HVAC system and all components, and the sprinkler systems, and without limitation, the pipes and other equipment connecting such interior main loops within the Premises to the Building’s base building HVAC and sprinkler systems located outside the Premises (collectively, the “Premises Base Building HVAC/Sprinkler Equipment”), (ii) repairs to Systems and Equipment in the Premises to the extent the condition necessitating such repair results from breakdowns or malfunctions of Systems and Equipment located outside the Premises and/or the Premises Base Building HVAC/Sprinkler Equipment, or (iii) repair or maintenance, which may be included in Direct Expenses, to base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems located in the Premises and which do not exclusively service the Premises. Landlord shall also maintain and repair the common areas in and outside of the Building, including all walkways, escalators and landscaping, in a condition comparable to that maintained by landlords of Comparable Buildings. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the non-structural portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, except as provided as part of Landlord’s 's repair obligations set forth above or and except as caused by Landlord’s repair obligation in the event of a casualty or condemnation's gross negligence, Tenant shall, at Tenant’s 's own expense but under the supervision and subject expense, pursuant to the prior approval terms of Landlord (to the extent required under Section 8.1)this Lease, and within any reasonable period of time specified by Landlordincluding without limitation Article 8 hereof, promptly and adequately repair all damage to the non-structural non-base Building portions of the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a reasonable percentage of the cost thereof (to be uniformly established for the Building and consistent with similar charges imposed by the landlords of Comparable BuildingsBuilding) sufficient to reimburse Landlord for all overhead, general conditions, fees and other reasonable and actual costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same (including receipt same. Subject to the notice provisions of reasonably satisfactory evidence Article 27 of such costs). this Lease, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable (no less than one (1) business days) prior notice to Tenant (except in the event of emergency) to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, and if requested by Tenant, Landlord shall perform such work after Tenant’s normal business hours (except in the event of emergency) to the extent reasonably practicable if the performance of such work will unreasonably interfere with Tenant’s normal business operations. Tenant hereby waives and releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, statute or ordinance now or hereafter in effect.

Duties to Repair. Landlord shall maintain and repair in a condition comparable to that maintained by landlords of Comparable Buildings, and in compliance with all laws, any and all structural portions of the BuildingPremises, all restrooms located on each floor of in the Premises (excluding executive washrooms, if any), and the Systems and Equipment; provided, however, Tenant shall be directly responsible for all maintenance and repair costs incurred by Landlord respecting Systems and Equipment located in the Premises, except for (all of which shall be Landlord’s responsibility to maintain and repair) (i) the HVAC system and all components, and the sprinkler systems, and without limitation, the pipes and other equipment connecting such interior main loops within the Premises to the Building’s base building HVAC and sprinkler systems located outside the Premises (collectively, the “Premises Base Building HVAC/Sprinkler Equipment”), (ii) repairs to Systems and Equipment in the Premises to the extent the condition necessitating such repair results from breakdowns or malfunctions of Systems and Equipment located outside the Premises and/or the Premises Base Building HVAC/Sprinkler Equipment, or (iii) repair or maintenance, which may be included in Direct Expenses, to base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems located in the Premises and which do not exclusively service the Premises. Landlord shall also maintain and repair the common areas in and outside of the BuildingPremises, including all walkways, escalators and landscaping, in a condition comparable to that maintained by landlords of Comparable Buildings. Tenant shall, at Tenant’s own expense, keep the non-structural portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. Without in any way limiting Tenant’s obligations under this Article 7, Tenant’s repair and maintenance obligation shall include the obligation to repair and maintain all utility meters, if any, all fixtures and other equipment in the Premises, the store or store fronts of the Premises, all of Tenant’s signs, locks and closing devices, and all window sashes, casements or frames, doors and door frames. Tenant also agrees to (i) keep the inside and outside of all glass in the doors and windows of the Premises clean; (ii) keep all exterior store front surfaces of the Premises clean; and (iii) replace promptly, at its expense, any broken door closures and any cracked or broken glass in the Premises. In addition, except as provided as part of Landlord’s repair obligations set forth above or Landlord’s repair obligation in the event of a casualty or condemnation, Tenant shall, at Tenant’s own expense but under the supervision and subject to the prior approval of Landlord (to the extent required under Section 8.1), 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 or broken fixtures and appurtenances; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a reasonable percentage of the cost thereof (to be uniformly established for the Building and consistent with similar charges imposed by the landlords of Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other reasonable and actual costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same (including receipt of reasonably satisfactory evidence of such costs). Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable (no less than one (1) business days) prior notice to Tenant (except in the event of emergency) to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, and if requested by Tenant, Landlord shall perform such work after Tenant’s normal business hours (except in the event of emergency) to the extent reasonably practicable if the performance of such work will unreasonably interfere with Tenant’s normal business operations. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Duties to Repair. Landlord shall maintain and repair the "BASE BUILDING," as that term is defined in a condition comparable Section 8.4 below, except to the extent that maintained by landlords such repairs are required due to the negligence or willful misconduct of Comparable BuildingsTenant, and in compliance with all lawsprovided that if such repairs are due to the negligence or willful misconduct of Tenant, any Landlord shall nevertheless make such repairs at Tenant's sole cost and all structural portions of the Buildingexpense, all restrooms located on each floor of the Premises (excluding executive washroomsexcept that, if any), and the Systems and Equipment; provided, howevercovered by Landlord's insurance, Tenant shall only be directly responsible for all maintenance and repair costs incurred by Landlord respecting Systems and Equipment located obligated to pay any deductible in the Premises, except for (all of which shall be Landlord’s responsibility to maintain and repair) (i) the HVAC system and all components, and the sprinkler systems, and without limitation, the pipes and other equipment connecting such interior main loops within the Premises to the Building’s base building HVAC and sprinkler systems located outside the Premises (collectively, the “Premises Base Building HVAC/Sprinkler Equipment”), (ii) repairs to Systems and Equipment in the Premises to the extent the condition necessitating such repair results from breakdowns or malfunctions of Systems and Equipment located outside the Premises and/or the Premises Base Building HVAC/Sprinkler Equipment, or (iii) repair or maintenance, which may be included in Direct Expenses, to base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems located in the Premises and which do not exclusively service the Premises. Landlord shall also maintain and repair the common areas in and outside of the Building, including all walkways, escalators and landscaping, in a condition comparable to that maintained by landlords of Comparable Buildingsconnection therewith. Tenant shall, at Tenant’s 's own expense, keep the non-structural portions of the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, except as provided as part of Landlord’s repair obligations set forth above or Landlord’s repair obligation in the event of a casualty or condemnation, Tenant shall, at Tenant’s 's own expense expense, but under the supervision and subject to the prior approval of Landlord (to the extent required under Section 8.1)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 damaged, broken, or broken worn fixtures and appurtenances, 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, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a reasonable percentage of the cost thereof (to be uniformly established for the Building and consistent with similar charges imposed by and/or the landlords of Comparable BuildingsProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other reasonable and actual costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same (including receipt of reasonably satisfactory evidence of such costs)same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable (no less than one (1) business days) prior notice to Tenant (except in the event of emergency) to make such repairs, alterations, improvements and or additions to the Premises or to the Building Project or to any equipment located in the Building Project as Landlord shall desire or deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, and if requested by Tenant, Landlord shall perform such work after Tenant’s normal business hours (except in the event of emergency) to the extent reasonably practicable if the performance of such work will unreasonably interfere with Tenant’s normal business operations. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense all rights under and benefits of IRVINE OAKS EXECUTIVE PARK [Kofax Image Products, Inc.] 30 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.