Common use of Landlord’s Responsibilities Clause in Contracts

Landlord’s Responsibilities. Landlord warrants to Tenant that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety system, lighting, heating, ventilation and air conditioning systems, electrical systems, and the passenger and freight elevators serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Date. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease at Landlord’s sole cost and expense and not as a Project Cost.

Landlord’s Responsibilities. Notwithstanding anything to the contrary contained in this Lease, Landlord warrants agrees: (i) that the Premises (including, without limitation, the “Tenant Improvements” constructed pursuant to Tenant the Work Letter attached hereto) shall be in good and clean operating condition and repair as of the Commencement Date, (ii) that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety systemelectrical and mechanical systems serving the Building, lightingincluding, heatingwithout limitation, ventilation and air conditioning the HVAC systems, electrical systems, and the passenger and freight elevators serving the Premises shall be in good operating condition as of the Commencement Date, and repair (except to the extent modified such systems fail to operate properly, that Landlord shall correct, repair or otherwise impaired by Tenant’s construction replace such systems during the initial six (6) months of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Date. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same Term at Landlord’s sole cost and expense and not as a Project Cost, and (iii) that Landlord, at its sole cost and expense, shall correct, repair or restore the integrity of the slabs, foundations, footings, load-bearing walls and structural components of the roof of the Building during the initial 36-month Term of the Lease. Except as otherwise provided in this LeaseLandlord shall, promptly after receipt of the written notice from Tenant setting forth the nature and extent of each non-compliancethe need of any repairs referred to in the foregoing, rectify same at Landlord’s sole cost and expense. Further, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease correct, repair or replace, at Landlord’s sole cost and expense and not as a Project Cost, any noncompliance of the Building (including, without limitation, the Tenant Improvements constructed therein) and/or the Common Areas of the Project with all applicable building permits and codes in effect as of the Commencement Date, including, without limitation, the provisions of Title III of the Americans With Disabilities Act (“ADA”) in effect as of the Commencement Date. Subject to the provisions for Landlord’s construction and rehabilitation and the inclusion of the amortized costs thereof in “Project Costs” as provided in Section 5.1 of this Lease, all other ADA compliance issues regarding the Premises, including, without limitation, Tenant’s construction of any alterations or other improvements in the Premises and in connection with the operation of Tenant’s business and employment practices in the Premises, shall be the responsibility of Tenant at its sole cost and expense. The repairs, corrections or replacements required of Landlord under this Section 2.4 in connection with noncompliance with permits and codes shall be made promptly following notice of noncompliance from any applicable governmental agency. Tenant shall promptly forward any such notice that Tenant receives to Landlord.

Landlord’s Responsibilities. A Except for normal and reasonable wear and use, and as provided in Section 4.1..3, below, Landlord warrants shall maintain, and, after receiving notice or actual knowledge of the need for repair, shall repair and/or replace (as necessary) the Building Systems, Common Areas and Structural Elements in a first class manner comparable to the maintenance of similar properties in the Applicable Submarket. Tenant shall promptly report in writing to Landlord any condition in the Premises known to Tenant that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety system, lighting, heating, ventilation and air conditioning systems, electrical systemswhich Landlord is required to repair, and the passenger failure to so report such conditions (whether knowing or not) shall excuse any delay by Landlord in commencing and freight elevators serving the Premises shall be in good operating condition and completing such repair (except to the extent modified or the same would otherwise impaired by Tenant’s construction be Landlord's responsibility hereunder. All costs associated with the fulfillment of the Tenant ImprovementsLandlord's responsibilities under this Section 4.1.2 shall constitute Operating Expenses, except (i) on the Early Occupancy Dateas limited under Section 2.2-1.E., (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Dateabove, and (cii) those expenses which are Tenant's sole responsibility under Section 4.1.3, below. B In the Premisesevent of (i) an Emergency or (ii) Landlord's failure to commence such maintenance and repairs required under this Lease within thirty (30) days after notice thereof from Tenant, Building and the Common Areas (except for the Tenant Improvements) may, but shall comply with all lawsnot be obligated to, codes and regulations (collectively, “Laws”) pertaining theretoperform any such obligation of Landlord, and to recover from Landlord the reasonable and actual costs incurred by Tenant in performing such obligation, which shall be free payable within thirty (30) days after Tenant's written demand accompanied by reasonable substantiation of latent defects the applicable costs. The foregoing right to perform Landlord's obligations shall only apply after the requisite notice and opportunity to cure has been afforded to Landlord (including any shortened cure period permitted in the construction thereofcases of Emergency), as long as Tenant notifies Landlord of the Early Occupancy Date. Provided that needed repair or other default as soon as possible after Tenant shall notify Landlord learns of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease at Landlord’s sole cost and expense and not as a Project Costits existence.

Landlord’s Responsibilities. Notwithstanding anything to the contrary contained in this Lease, Landlord warrants agrees: (i) that the Premises (including, without limitation, the "Tenant Improvements" constructed pursuant to Tenant the Work Letter attached hereto) shall be in good and clean operating condition and repair as of the Commencement Date, (ii) that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety systemelectrical and mechanical systems serving the Building, lightingincluding, heatingwithout limitation, ventilation and air conditioning the HVAC systems, electrical systems, and the passenger and freight elevators serving the Premises shall be in good operating condition as of the Commencement Date, and repair (except to the extent modified such systems fail to operate properly, that Landlord shall correct, repair or otherwise impaired by Tenant’s construction replace such systems during the initial six (6) months of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, Term at Landlord's sole cost and Common Areas shall be free of all mold expense and not as of the Delivery Datea Project Cost, and (ciii) that Landlord, at its sole cost and expense, shall correct, repair or restore the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and shall be free of latent defects in the construction thereof, as integrity of the Early Occupancy Dateslabs, foundations, footings, load-bearing walls and structural components of the roof of the Building during the initial 36-month Term of the Lease. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of the written notice from Tenant setting forth the nature and extent of each non-compliancethe need of any repairs referred to in the foregoing, rectify same at Landlord’s 's sole cost and expense. Further, Landlord shall correct, repair or replace, at Landlord's sole cost and expense and not as a Project Cost, any noncompliance of the Building (including, without limitation, the Tenant Improvements constructed therein) and/or the Common Areas of the Project with all applicable building permits and codes in effect as of the Commencement Date, including, without limitation, the provisions of Title III of the Americans With Disabilities Act ("ADA") in effect as of the Commencement Date. Except Subject to the provisions for Landlord's construction and rehabilitation and the inclusion of the amortized costs thereof in "Project Costs" as otherwise provided in Section 5.1 of this Lease, promptly after receipt all other ADA compliance issues regarding the Premises, including, without limitation, Tenant's construction of written notice from Tenant setting forth any alterations or other improvements in the nature Premises and extent of each non-compliance, Landlord shall rectify any non-compliance in connection with the foregoing warranty contained operation of Tenant's business and employment practices in Subsection 2.4(c) above throughout the Term Premises, shall be the responsibility of this Lease Tenant at Landlord’s its sole cost and expense expense. The repairs, corrections or replacements required of Landlord under this Section 2.4 in connection with noncompliance with permits and not as a Project Costcodes shall be made promptly following notice of noncompliance from any applicable governmental agency. Tenant shall promptly forward any such notice that Tenant receives to Landlord.

Landlord’s Responsibilities. Landlord warrants to Tenant that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety system, lighting, heating, ventilation and air conditioning systems, electrical systems, and the passenger and freight elevators serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s 's construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “"Laws”") pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Date. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same at Landlord’s 's sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease at Landlord’s 's sole cost and expense and not as a Project Cost.