Landlord’s Maintenance Obligations. As part of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. Landlord shall not be responsible for repairing or maintaining any part of the interior of the Leased Premises that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractor.
Landlord’s Maintenance Obligations. Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areas.
Landlord’s Maintenance Obligations. The landlord shall:
Landlord’s Maintenance Obligations. Subject to Landlord receiving reimbursement pursuant to the assessment provisions, until Landlord shall have assigned its rights and obligations with respect to the General Common Properties and other maintenance obligations to an assignee, association, successor or transferee, it shall maintain, repair, replace and renew or cause to be maintained, repaired, replaced or renewed the General Common Properties and other maintenance obligations in a clean, sightly, safe and first-class condition. Such maintenance to the extent not performed by a governmental or quasi-governmental authority or a Tenant or Subtenant shall include, but shall not be limited to: (1) the repair, replacement, renewal and cleaning of all lighting fixtures, signs, entrance monuments and markers, traffic control signals and signs; and (ii) the mowing, watering, fertilizing, replanting and replacing of landscaping. The maintenance of dedicated streets shall exclude repairs or reconstruction of such streets.
Landlord’s Maintenance Obligations. Landlord shall, subject to reimbursement in accordance with Article 8 above, use its best efforts to maintain, repair, and replace the Common Area and the structural and building systems of the Project, which are the foundations, exterior walls, roof, and central HVAC, mechanical, electrical, and plumbing systems outside the Premises in first class condition and good working order. Landlord’s failure to perform its obligations set forth in the preceding sentence will not release Tenant of its obligations under this Lease, including Tenant’s obligation to pay rent, but Tenant may bring a claim against Landlord for damages. Tenant waives the provisions of California Civil Code Section 1942 (or any successor statute), and any similar principals of law with respect to Landlord’s obligations for tenantability of the Premises and Tenant’s right to make repairs and deduct the expense of such repairs from rent. If Landlord fails, within 30 days after receipt of written notice of such failure or within such longer period of time if such failure is not reasonably susceptible to cure within a 30-day period, to perform any of its material obligations hereunder to Tenant and such failure is material and adverse to Tenant, then, Tenant may, as its sole remedy, by process of law, compel Landlord to perform its obligations. Should Tenant be the prevailing party in such process to compel, then Landlord will pay Tenant upon demand all reasonable out-of-pocket costs incurred by Tenant pursuing such preceding remedy, including but not limited to reasonable attorneys’ fees.
Landlord’s Maintenance Obligations. During the first year of the Initial Term, Landlord shall be obligated to repair and maintain, at its sole cost and expense, the structural components, roof and foundation of all buildings and improvements on the Property and the Premises. In the event that Landlord defaults in the performance of its obligations under this Section 6.1, Last Chance may, in its sole discretion and without obligation to do so, cure the default, after fifteen (15) days written notice to Landlord, and setoff any amounts paid against Last Chance’s Rent obligation under this Lease. In the event that any setoff to which Last Chance is entitled under this Section 6.1 exceeds Last Chance’s accrued Rent obligation on the date Last Chance exercises its option to purchase or right of first refusal under any of the Purchase Options, the purchase price or prices thereunder shall be reduced by such excess with the excess being allocated and applied as Last Chance, in its sole discretion, may elect. Before commencing any work in the performance of its obligations under this Section 6.1, Landlord shall provide Last Chance with a written copy of the proposed contract and the construction schedule. Last Chance shall have ten (10) business days within which to deliver its written objections to the construction schedule to Landlord. Landlord shall modify the construction schedule to accommodate Last Chance’s reasonable objections and shall require that: (a) the contract for the work incorporates the construction schedule as modified, and (b) that contractor and any subcontractor engaged in the performance of the work shall cooperate with Last Chance and so perform the work as not to interfere with Last Chance’s operations, use and enjoyment of the Property, Premises and FF&E. Landlord shall further insure that Last Chance is, for all purposes, a third party beneficiary of the contract for the work, without any obligation to pay for work or materials, and shall provide Last Chance with a copy of the final contract and construction schedule. Landlord shall pay, when due, all claims for labor performed or materials furnished to or for Landlord at or for use on, in or about the Property, the Premises or the FF&E. Landlord shall not permit any mechanics’ or materialmen’s liens to be levied against the Property, the Premises or the FF&E for any labor or materials furnished to Landlord or claimed to have been furnished to Landlord or to Landlord’s agents or contractors in connection with work of any c...
Landlord’s Maintenance Obligations. Landlord shall keep in good order ----------------------------------- repair and condition (i) the Common Areas, (ii) the foundation and subflooring of the Building and the structural condition of the roof, and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and the interior and exterior of all windows, doors, ceiling and plateglass, which shall be maintained and repaired by Tenant), and (iii) the Building's elevators.
Landlord’s Maintenance Obligations. In addition to Landlord's obligations set forth in Sections 1.1.1 and 7.2.1 and the Tenant Work Letter, except to the extent the same is Tenant's obligation pursuant to Section 7.2.1 above, Landlord shall maintain, repair and improve, in good repair and in a first-class condition, the structural portions of the Building, including, without limitation, the foundation, floor/ceiling slabs, exterior slabs, roof (excluding the roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts, fire stairwells, and Building mechanical, electrical and telephone closets (but not the Building Systems located therein) (collectively, "Building Structure"). If the roof membrane must reasonably be replaced rather than repaired, such replacement shall be considered "capital in nature" and shall be subject to the terms of Section 7.3. Landlord's costs of performing its obligations under this Section 7.2 shall be included in Operating Expenses (except to the extent such costs are otherwise prohibited by the terms of Section 4.2.3 above, or otherwise payable directly by Tenant pursuant to this Lease). Any entry of the Premises by Landlord in connection with the foregoing shall be done consistent with the terms of Article 27 of this Lease.
Landlord’s Maintenance Obligations. Landlord shall, subject to reimbursement from Tenant as part of Operating Expenses, maintain, repair, and replace the parking and landscape areas of the Project, the roof membrane, HVAC system, and wash the exterior windows. Landlord shall maintain repair and replace (at its sole cost) the structural portions of the Project, which are the foundations, exterior walls, and roof structure (but the costs of maintaining, repairing, or replacing non-structural aspects of such components, such as painting or washing the exterior walls, will be included in reimbursable Operating Expenses). Landlord's failure to perform its obligations set forth in the preceding two sentences will not release Tenant of its obligations under this Lease, including Tenant's obligation to pay rent; but if Landlord fails, within 30 days after receipt of written notice of such failure or within such longer period of time if such failure is not reasonably susceptible to cure within a 30-day period, to perform any of its material obligations hereunder to Tenant and such failure is material and adverse to Tenant, then Tenant may, as its sole remedy, by process of law, compel Landlord to perform its obligations. Should Tenant be the prevailing party in such process to compel, then Landlord will pay Tenant upon demand all reasonable out-of-pocket costs incurred by Tenant pursuing such preceding remedy, including but not limited to reasonable attorneys' fees. Tenant waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and/or any similar or successor law regarding Tenant's right to terminate this Lease or to make repairs and deduct the expenses of such repairs from the rent due under this Lease.
Landlord’s Maintenance Obligations. This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations are limited to the obligations specifically set forth in this Section 7.
