Common use of Landlord's Repair and Maintenance Obligations Clause in Contracts

Landlord's Repair and Maintenance Obligations. Subject to the provisions of Section 16.09, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall maintain, or cause to be maintained, the foundations of the Building, the exterior walls and windows and roof (including roof membrane) of the Unit, the Unit Generator, the Building Systems (including the HVAC, plumbing, electrical, mechanical and other systems, as well as the Neutralization System, serving the Premises in common with other portions of the Unit), to the extent not serving the Premises or another tenant’s premises exclusively, the common areas and facilities of the Building, and any other items constituting Limited Common Elements of the Unit pursuant to the Condominium Documents (excluding those items that Tenant is responsible for under Article 11) in good order, condition and repair; provided that Tenant shall give Landlord written notice of the necessity for such repairs; and, provided further, that damage caused by the act or omission of Tenant or any Tenant Party shall, unless otherwise specified by Landlord, be promptly repaired by Tenant at its sole cost and expense. Landlord shall make any repairs or replacements to the Premises, the Unit (including the Unit Generator) or the Building, to the extent such repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, at its sole cost and expense and not to be reimbursed as an Operating Expense. In addition, Landlord shall enforce the applicable provisions of the Condominium Documents with respect to the maintenance, repair or replacement of the General Common Elements and all other buildings in the Development. Except to the extent caused by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, Landlord shall not be obligated to maintain, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located within the Premises or elsewhere which serve the Premises exclusively, all of which shall be Tenant’s obligation. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises, the Unit or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.06

Landlord's Repair and Maintenance Obligations. Subject to the provisions of Section 16.09, and except for damage caused by fire, other casualty casually or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall, at its sole cost and expense and not to be reimbursed as Operating Expenses, keep the foundation, roof (including the roof membrane), walls, foundations, floor slabs and other structural elements of the Building (excluding any structural elements added to the Building as part of the Initial Tenant Work or other Tenant Work, which shall be Tenant’s responsibility), columns and beams, and exterior walls and windows of the Building, as well as the underground and under-slab plumbing lines serving the Building, in good order, condition and repair, reasonable wear and tear excepted. Further subject to the provisions of Section 16.09, and except for damage caused by fire, other casually or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall maintain, or cause to be maintained, the foundations of the Building, the exterior walls and windows and roof (including roof membrane) of the Unit, the Unit Generator, keep the Building Systems (including the HVAC, plumbing, electrical, mechanical and other systems, as well as the Neutralization System, systems serving the Premises in common with other portions of the UnitBuilding), to the extent not serving the Premises or another tenant’s premises exclusively, and the common areas and facilities of the BuildingBuilding and the Property, and any other items constituting Limited Common Elements of the Unit pursuant to the Condominium Documents (excluding those items that Tenant is responsible for under Article 11) in good order, condition and repair; provided that Tenant shall give Landlord written notice of the necessity for such repairs; and, provided further, that damage caused by the act or omission of Tenant or any Tenant Party shall, unless otherwise specified by Landlord, be promptly repaired by Tenant at its sole cost reasonable wear and expensetear excepted. Landlord shall make any repairs or replacements to the PremisesBuilding, the Unit (including the Unit Generator) Premises or the BuildingProperty, to the extent such repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or employees, contractors, and/or invitees or Landlord’s breach of its obligations herein, at its sole cost and expense and not to be reimbursed as an Operating Expense. In addition, Landlord shall enforce cause the applicable provisions common areas of the Condominium Documents with respect Building and the Property to be kept clean and free from rubbish and debris, and the maintenance, repair or replacement paved portions of the General Common Elements common areas of the Property to be free from appreciable accumulation of ice and all other buildings in the Developmentsnow. Except to the extent caused by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees employees, contractors, and/or contractorsinvitees, or Landlord’s breach of its obligations herein, Landlord shall not be obligated to maintain, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located within the Premises or elsewhere which serve the Premises exclusively, all of which shall be Tenant’s obligation. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required by the provisions of this Section to repair. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises, the Unit Premises or the Building Property at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit Property or the Building, Premises to the extent such benefit of law may be waived by Tenant. Except ; provided, however, that the foregoing waiver shall not be deemed to waive any rights expressly granted to Tenant pursuant to the extent caused by the negligence or willful misconduct provisions of Landlord or that Section 6.03 of its agents, employees and/or contractors, this Lease. Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.069.06 regarding access to the Premises and provided Landlord takes commercially reasonable steps to minimize any interference with Tenant’s operations. Notwithstanding the fact that Landlord may provide security services at the Property or Building at any time during the term of this Lease, (i) Tenant hereby releases Landlord from any claim for injury to persons or damage to property asserted by Tenant or any Tenant Party that is suffered or occurs in or about the Premises or in or about the Building or Property or the common areas appurtenant thereto by reason of the act of any intruder or any other person in or about the Premises, Building or Property, and (ii) Landlord shall not be deemed to owe Tenant or any other person any duty or standard of care as a result of Landlord’s provision of such security services. All costs and expenses incurred by Landlord in connection with the performance of any obligation set forth in this Section 10.03 shall be included in Operating Expenses except to the extent otherwise expressly provided above in this Section. Throughout the Term, Landlord shall maintain a bicycle storage area, comparable to the existing bicycle storage area in the Building for Tenant’s use (in common with other occupants of the Building).

Landlord's Repair and Maintenance Obligations. Subject Landlord shall maintain in good condition and operating order and keep in good repair and condition, in a manner consistent with the landlords of the Comparable Buildings, the structural portions of the Buildings, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms located in Common Areas (and excluding men's and women's washrooms on any full floors of the Premises and within any Building fully leased by Tenant), Building mechanical, electrical and telephone closets (collectively, "Building Structure"), the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas, including, without limitation, the Project parking facilities and landscaping. Notwithstanding anything in this Lease to the provisions of Section 16.09contrary, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by Tenant shall be required to repair the act or omission of Tenant or any Tenant Party, Landlord shall maintain, or cause to be maintained, the foundations of the Building, the exterior walls and windows and roof (including roof membrane) of the Unit, the Unit Generator, Building Structure and/or the Building Systems (including the HVAC, plumbing, electrical, mechanical and other systems, as well as the Neutralization System, serving the Premises in common with other portions of the Unit), to the extent not serving caused due to Tenant's use of the Premises or another tenant’s premises exclusively, the common areas for other than Permitted Use with respect to Building 3 and facilities of the BuildingBuilding 4, and any other items constituting Limited Common Elements of normal and customary operations for the Unit pursuant applicable amenity usage with respect to the Condominium Documents (excluding those items that Tenant is responsible for under Article 11) in good order, condition and repair; provided that Tenant shall give Landlord written notice of the necessity for such repairs; and, provided further, that damage caused by the act or omission of Tenant or any Tenant Party shallBuilding A2, unless otherwise specified by Landlord, be promptly repaired by Tenant at its sole cost and expense. Landlord shall make any repairs or replacements to the Premises, the Unit (including the Unit Generator) or the Building, to the extent such repair or replacement was necessitated damage is covered by Landlord’s negligence 's Warranty or willful misconduct is covered by insurance carried or the negligence or willful misconduct of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, at its sole cost and expense and not required to be reimbursed as an Operating Expense. In addition, carried by Landlord shall enforce pursuant to Article 10 and to which the waiver of subrogation is applicable provisions of the Condominium Documents with respect to the maintenance, repair or replacement of the General Common Elements and all other buildings in the Development. Except (such obligation to the extent caused by applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). The costs of performing Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or contractors, or Landlord’s breach of its 's obligations herein, Landlord shall not be obligated to maintain, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located within the Premises or elsewhere which serve the Premises exclusively, all of which under this Section 7.1 shall be Tenant’s obligation. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premisesincluded in Operating Expenses, the Unit or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, but only to the extent such benefit of law may be waived permitted (and not excluded) by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.064.2.4 above.

Landlord's Repair and Maintenance Obligations. Subject to the provisions of Section 16.09, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall shall, at its sole cost and expense and not to be reimbursed as Operating Expenses, maintain, repair and replace the foundation, roof (including the roof membrane), walls, floor slabs and other structural elements of the Building (excluding any structural elements added to the Building as part of the Initial Tenant Work or cause to other Tenant Work, which shall be maintainedTenant’s responsibility), the foundations columns and beams, and exterior walls and windows of the Building, as well as the exterior walls underground and windows under-slab plumbing lines serving the Building, and roof make replacements which are capital in nature to the loading dock and elevator located within and serving solely the Premises (including roof membrane) but all other repairs, maintenance and non-capital replacements with respect to such loading dock and elevator shall be Tenant’s responsibility at its sole expense), in each case so as to keep the same in good order, condition and repair, reasonable wear and tear excepted. Further subject to the provisions of Section 16.09 and the provisions of the Unitimmediately preceding sentence, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by the Unit Generatoract or omission of Tenant or any Tenant Party, Landlord shall keep the Building Systems (including the HVAC, plumbing, electrical, mechanical mechanical, fire and life safety, and other systems, as well as the Neutralization System, systems serving the Premises in common with other portions of the UnitBuilding), to the extent not serving exclusively either the Premises or another tenant’s premises exclusivelypremises, and the common areas and facilities of the BuildingBuilding and the Property, and any other items constituting Limited Common Elements of the Unit pursuant to the Condominium Documents (excluding those items that Tenant is responsible for under Article 11) in good order, condition and repair; provided that Tenant shall give Landlord written notice of the necessity for such repairs; and, provided further, that damage caused by the act or omission of Tenant or any Tenant Party shall, unless otherwise specified by Landlord, be promptly repaired by Tenant at its sole cost reasonable wear and expensetear excepted. Landlord shall make any repairs or replacements to the PremisesBuilding, the Unit (including the Unit Generator) Premises or the BuildingProperty, to the extent such repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or employers or contractors, or by Landlord’s breach of its obligations hereinhereunder, all at its sole cost and expense and not to be reimbursed as an Operating ExpenseExpenses. In addition, Landlord shall enforce cause the applicable provisions common areas of the Condominium Documents with respect Building and the Property to be kept clean and free from rubbish and debris, and the maintenance, repair or replacement paved portions of the General Common Elements common areas of the Property to be free from appreciable accumulation of ice and all other buildings in the Developmentsnow. Except to the extent caused by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or or contractors, or Landlord’s breach of its obligations hereinhereunder, Landlord shall not be obligated to maintain, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located within the Premises or elsewhere which serve the Premises exclusively, all of which shall be Tenant’s obligation. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required by the provisions of this Section to repair. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises, the Unit Premises or the Building Property at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit Property or the Building, Premises to the extent such benefit of law may be waived by Tenant. Except ; provided, however, that the foregoing waiver shall not be deemed to waive any rights expressly granted to Tenant pursuant to the extent caused by provisions of Section 6.03 of this Lease. Subject to the negligence or willful misconduct provisions of Landlord or that of its agents, employees and/or contractorsSection 6.03(b), Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any maintenance, repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.069.06 regarding access to the Premises and provided Landlord takes commercially reasonable steps to minimize any interference with Tenant’s operations. Notwithstanding the fact that Landlord may provide security services at the Property or Building at any time during the term of this Lease, (i) Tenant hereby releases Landlord from any claim for injury to persons or damage to property asserted by Tenant or any Tenant Party that is suffered or occurs in or about the Premises or in or about the Building or Property or the common areas appurtenant thereto by reason of the act of any intruder or any other person in or about the Premises, Building or Property, and (ii) without disclaiming Landlord’s liability for its negligence or willful misconduct, Landlord shall not be deemed to owe Tenant or any other person any duty or standard of care as a result of Landlord’s provision of such security services. All costs and expenses incurred by Landlord in connection with the performance of any obligation set forth in this Section 10.03 other than the first sentence hereof shall be included in Operating Expenses except to the extent otherwise expressly provided above in this Section. Throughout the Term, Landlord shall maintain a bicycle storage area, comparable to the existing bicycle storage area in the Building for Tenant’s use (in common with other occupants of the Building).

Landlord's Repair and Maintenance Obligations. Subject to the provisions of Section 16.09, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall maintainmaintain and keep in good repair and first class condition and operating order in a manner substantially consistent with the Operations Standard the following (collectively, or cause to be maintained, "Landlord's Repair Obligations"): (i) the foundations structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, roof membrane, curtain wall, sewer and water mains, exterior walls glass and windows and roof mullions, columns, beams, shafts (including roof membraneelevator shafts), stairs, stairwells, elevator cab, Building mechanical, electrical and telephone closets (collectively, "Building Structure"), (ii) of the Unit, the Unit Generator, the Building Systems mechanical (including equipment located on the HVAC, plumbing, electrical, mechanical roof and other systems, as well as within the Neutralization System, serving the Premises in common with other portions of the Unit), to the extent not serving the Premises or another tenant’s premises exclusively, the common areas and facilities core of the Building, and excluding any other items constituting Limited Common Elements distribution outside of the Unit pursuant core), electrical (excluding distribution of any such systems within the Premises), life safety, plumbing (excluding distribution of any such systems within the Premises other than within the restrooms in the Building core), sprinkler systems and HVAC systems that serve the Building generally, as opposed to Tenant or another tenant exclusively (collectively, the "Building Systems") and (iii) the Common Areas, which shall include restrooms located on multi-tenant floors of the Building. The "Base Building" shall mean the Building Structure and the Building Systems. Notwithstanding anything in this Lease to the Condominium Documents contrary, if and to the extent that any repairs that are Landlord's Repair Obligations are required because of (excluding those items that Tenant is responsible for under Article 11i) in good order, condition and repair; provided that Tenant shall give Landlord written notice Tenant's use of the necessity Premises for such repairs; andother than normal and customary business office operations, provided furtheror (ii) Tenant's construction of non-general office Improvements or Alterations, that damage caused by the act or omission of Tenant or any Tenant Party shall, unless otherwise specified by Landlord, be promptly repaired by Tenant at its sole cost and expense. then Landlord shall make any such repairs or replacements and replacements, at Tenant's sole cost sufficient to reimburse Landlord for the Premises, the Unit Actual Cost thereof (including the Unit Generatorall overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements) or the Building, to the extent such repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct within thirty (30) days of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, at its sole cost and expense and not to be reimbursed as an Operating Expensebeing billed for same. In additionthe event that the Premises has an "open ceiling plan", then Landlord and third parties leasing or otherwise using/managing or servicing space on the floor immediately above the Premises shall enforce have the applicable provisions of the Condominium Documents with respect right to the maintenanceinstall, maintain, repair or replacement of the General Common Elements and replace mechanical, electrical and plumbing fixtures, devices, piping, ductwork and all other buildings in improvements through the Development. Except to floor above the extent caused by Landlord’s negligence or willful misconduct or Premises (which may penetrate through the negligence or willful misconduct ceiling of its agents, employees and/or contractors, or Landlord’s breach of its obligations herein, Landlord shall not the Premises and be obligated to maintain, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located visible within the Premises or elsewhere which serve during the course of construction and upon completion thereof), as Landlord may determine in Landlord's commercially reasonable discretion and with reasonable approval rights being afforded to Tenant with respect thereto. Notwithstanding Tenant's occupancy of the Premises exclusively, all of which shall be Tenant’s obligation. Tenant waives during the benefit performance of any present or future law that provides Tenant the right to repair the Premisesof Landlord's Repair Obligations, except as otherwise provided herein, the Unit or the Building at performance of Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because 's Repair Obligations shall in no way constitute a constructive eviction of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled nor entitle Tenant to any abatement of Rent; provided that Landlord shall perform Landlord's Repair Obligations in a manner so as to minimize any material, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlordadverse effect upon Tenant's use of, or ingress or egress to, the Premises. Subject to the foregoing, Tenant shall promptly and diligently cooperate with Landlord and any related of the third parties performing Landlord's Repair Obligations in the Premises in order to facilitate the performance of such work undertaken by Landlord in accordance with an efficient and timely manner. Xxxxxxxx's entry into the provisions Premises to perform any repairs or maintenance hereunder shall be subject to Article 27 below. Tenant hereby waives any and all rights under and benefits of this Lease provided Landlord complies with the terms subsection 1 of Section 9.061932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord's Repair and Maintenance Obligations. Subject to the provisions of Part III, Section 16.0911.2 (Tenant’s Repair and Maintenance Obligations), Section 11.3 (Tenant’s Compliance with Laws), Article 15 (Damage and Destruction) and Article 16 (Condemnation), and except for damage caused by fire, other casualty the negligent or taking (which is dealt with below), and damage caused by the intentional act or omission of Tenant Tenant, Tenant’s employees, suppliers, shippers, customers, or any Tenant Partyinvitees, in which event Landlord shall maintain, or cause to be maintained, repair the foundations of the Building, the exterior walls damage at Tenant’s sole expense (unless and windows and roof (including roof membrane) of the Unit, the Unit Generator, the Building Systems (including the HVAC, plumbing, electrical, mechanical and other systems, as well as the Neutralization System, serving the Premises in common with other portions of the Unit), to the extent not serving the Premises paid for by insurance maintained by Landlord or another tenantTenant), Landlord, at Landlord’s premises exclusively, the common areas and facilities of the Building, and any other items constituting Limited Common Elements of the Unit pursuant sole expense (subject to reimbursement to the Condominium Documents (excluding those items that Tenant is responsible for under extent constituting an “Operating Expense” in accordance with Part III, Article 11) 5 or to the extent contemplated by Exhibit “E” attached hereto), shall keep in good order, condition and repair; provided that Tenant shall give Landlord written notice : (i) the roof, foundations, exterior walls, and structural condition of the necessity for such repairs; andinterior bearing walls, provided further(ii) electrical, that damage caused by the act or omission of Tenant or any Tenant Party shallHVAC, unless otherwise specified by Landlordfire sprinkler and smoke detection systems, be promptly repaired by Tenant at its sole cost plumbing systems and expense. Landlord shall make any repairs or replacements to the Premises, the Unit (including the Unit Generator) or the Building, other Building systems to the extent such repair or replacement was necessitated by located behind the interior finished surface of walls of the Leased Premises, and (iii) the Common Areas of the Project (collectively the “Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or contractors, or Maintenance Obligations”). The Landlord’s breach of its obligations hereinMaintenance Obligations shall not, at its sole cost and expense and not to be reimbursed as an Operating Expense. In additionhowever, Landlord shall enforce include the applicable provisions painting of the Condominium Documents with respect to interior surfaces of exterior walls or the maintenance, repair or replacement of windows, window cases, doors or plate glass of the General Common Elements Leased Premises. Landlord shall have no obligation to make repairs under this Section 11.1 until a reasonable time after receipt of written notice from Tenant of the need for such repairs. Tenant waives and all other buildings in the Development. Except releases its rights, including its right to the extent caused by make repairs at Landlord’s negligence expense, under California Civil Code §§ 1941-1942 or willful misconduct or the negligence or willful misconduct of its agentsany similar law, employees and/or contractorsstatute, or Landlord’s breach ordinance now or hereafter in effect. Notwithstanding the foregoing, however, except in connection with the initial build-out of its obligations hereinthe Leased Premises, Landlord shall not be obligated required to maintainmake, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located within the Premises or elsewhere which serve the Premises exclusively, all of which and Tenant shall be responsible for, any repair (x) resulting from any alteration or modification to the Building or systems of the Building performed by, for or on behalf of Tenant, (y) to special equipment or systems installed by, for or on behalf of Tenant, and (z) to any of Tenant’s obligation. Tenant waives the benefit of any present Alterations, Trade Fixtures or future law that provides Tenant the right to repair the Premises, the Unit other property or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractors, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.06equipment.

Landlord's Repair and Maintenance Obligations. Subject to the provisions of Section 16.09, and except for damage caused by fire, other casualty or taking (which is dealt with below), and damage caused by the act or omission of Tenant or any Tenant Party, Landlord shall maintain, or cause to be maintained, the foundations of the Building, the exterior walls and windows and roof (including roof membrane) of the Unit, the Unit Generator, the Building Systems (including the HVAC, plumbing, electrical, mechanical and other systems, as well as the Neutralization System, systems serving the Premises in common with other portions of the Unit), to the extent not serving the Premises or another tenant’s premises exclusively, the common areas and facilities of the Building, and any other items constituting Limited Common Elements of the Unit pursuant to the Condominium Documents (excluding those items that Tenant is responsible for under Article 11) in good order, condition and repair; provided that Tenant shall give Landlord written notice of the necessity for such repairs; and, provided further, that the damage thereto shall not have been caused by the act or omission negligence of Tenant (or any subtenant), its concessionaires, agents, employees, invitees, licensees or contractors, in which event Tenant Party shall, unless otherwise specified by Landlord, shall be responsible therefor and shall promptly repaired by Tenant at its sole cost and expensemake all such repairs. Landlord shall make any repairs or replacements to the Premises, the Unit (including the Unit Generator) or the Building, to the extent such repair or replacement was necessitated by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and/or employees, contractors, and/or invitees or Landlord’s breach of its obligations herein, at its sole cost and expense and not to be reimbursed as an Operating Expense. In addition, Landlord shall enforce the applicable provisions of the Condominium Documents with respect to the maintenance, repair or replacement of the General Common Elements and all other buildings in the Development. Except to the extent caused by Landlord’s negligence or willful misconduct or the negligence or willful misconduct of its agents, employees employees, contractors, and/or contractorsinvitees, or Landlord’s breach of its obligations herein, Landlord shall not be obligated to maintain, repair or replace any interior windows, interior doors, plate glass, or the surfaces of walls within the Premises, or any fixtures, components or equipment located either within the Premises or elsewhere which serve the Premises exclusively, all of which shall be Tenant’s obligation. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises, the Unit or the Building at Landlord’s expense or to xxxxx or reduce the Rent or to terminate this Lease because of the condition of the Premises, the Unit or the Building, to the extent such benefit of law may be waived by Tenant; provided, however, that the foregoing waiver shall not be deemed to waive any rights expressly granted to Tenant pursuant to the provisions of Section 6.03 of this Lease. Except to the extent caused by the negligence or willful misconduct of Landlord or that of its agents, employees and/or contractorsLandlord, Tenant shall not be entitled to any abatement of Rent, nor shall Landlord incur any liability, by reason of inconvenience, annoyance or injury to Tenant arising from any repairs, alterations, additions, replacements or improvements made by Landlord, or any related work undertaken by Landlord in accordance with the provisions of this Lease provided Landlord complies with the terms of Section 9.069.06 regarding access to the Premises. Notwithstanding the fact that Landlord may provide security services at the Unit or the Building at any time during the term of this Lease, (i) Tenant hereby releases Landlord from any claim for injury to persons or damage to property asserted by Tenant or any Tenant Party that is suffered or occurs in or about the Premises or in or about the Unit, the Building or the Development by reason of the act of any intruder or any other person, and (ii) Landlord shall not be deemed to owe Tenant or any other person any duty or standard of care as a result of Landlord’s provision of such security services. All costs and expenses incurred by Landlord in connection with the performance of any obligation set forth in this Section 10.03 shall be included in Operating Expenses except to the extent otherwise expressly provided above in this Section.