Common use of Lessor’s Responsibilities Clause in Contracts

Lessor’s Responsibilities. a. The Lessor shall at all times keep and maintain in good order and replace at its cost, including any required inspections, the exterior of the Leased Premises, Building and all portions of the Property, including portions not leased to the City, including but not limited to the roof; foundation; concrete subsurface floor; the sanitary sewer and other below-grade plumbing components; any water damage caused by other tenants of the Property; structural members of the Building; the elevator; fire alarm systems; signs; exterior doors, door frames and locks; exterior finishes; façade wall and elements, and exterior glass, windows and window frames of the Building. Except as provided in Section 13.b., the City shall give the Lessor written notice of the necessity for repairs or replacements coming to the attention of the City, following which the Lessor shall have seven (7) calendar days to complete such repairs or 60 days to make any replacements (except in the case of any emergency). If the Lessor does not complete repairs within seven days of the City’s notice, then the City shall have the right to complete the needed repairs and the cost of such repairs shall be reimbursed to the City as a credit to City’s Account, and the City may off-set said repair credit from the following calendar month payment due to Lessor regardless of whether the Lessor has commenced such repairs. If repairs by their nature take more than seven days, then the Lessor shall have a reasonable time to complete the repairs if written notice of such delay is given to the City within the seven day to repair timeframe. If the Lessor does not complete any replacements within 60 days of the City’s notice, the City shall have the right to cure the default by completing the needed replacement and the cost of such replacement shall be reimbursed to the City as a credit to the City’s Account, and the City may off-set said replacement credit from the following calendar month payment due to Lessor or the City can consider this a default by the Lessor and terminate the Lease per Section 22.b. below, regardless of whether the Lessor has commenced such replacement. If the replacement by its nature take more than 60 days to complete, then the Lessor shall have a reasonable time to complete the replacement if written notice of such delay is given to the City. The option to cure a default herein is intended for the City’s protection and its existence shall not release the Lessor from the obligation to perform the terms and covenants herein provided to be performed by the Lessor or deprive the City of any legal rights which may arise by reason of any default. For the purposes of so maintaining the Leased Premises, the Lessor reserves the right, upon a minimum of twenty-four (24) hours’ notice and at times reasonable for the City, to enter and inspect the Leased Premises and to make any necessary repairs or replacements thereto, or at any time in the event of an emergency, provided that in all instances the Lessor must be accompanied by an employee or agent of the City. ▇. ▇▇▇▇▇▇ shall provide the City with five (5) days written notice for any non-emergency maintenance, repair or other work that is to be completed on the Building, Property, or within the Leased Premises. c. The Lessor shall, at Lessor’s sole cost, be responsible for any damage resulting from the negligence of the Lessor or its officers, officials, members, agents, employees, assigns, guests, invitees, sublessees or subcontractors. Notwithstanding the foregoing, the City shall be responsible for the cost of insuring its contents and for the cost of damage to the City’s contents in the Leased Premises which would be covered by properly maintained insurance, and for the cost of repairs/replacements to the Building or Leased Premises or Common Areas caused by the sole negligence of the City or its employees. d. Prior to the Effective Date, the Lessor shall, at the Lessor’s sole cost and as a condition of the Lease, cause all the following repairs, maintenance, and /or replacements to the Leased Premises, Building, and Property, at its cost (collectively “Lessor’s Work”): i. Correct the drainage issue along the west side of the Building near the door to the Library’s large meeting room; and ii. Extend the downspout at southeast corner of the Building to a sufficient length as to direct water into the adjacent lawn sod and ensure downspout runoff does not flow onto the driveway or cause ice build-up on driveway; and iii. Repair all potholes in the parking lot and re-stripe the parking spaces; and iv. Repair/replace damaged sections of concrete within the sidewalk areas that serve the Leases Premises; and v. Install “No Parking” signs along the curb to the north and west of the Building; and vi. Install a painted crosswalk area with related stop signs for pedestrians crossing from the Building to the parking area; and vii. Install a monument sign near ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and have City listed thereon; sign installation is subject to approval by the City of Madison; and In the event the above Lessor’s Work is not completed by January 1, 2021, then the City shall not be charged Base Rent for each day the Lessor’s Work is not complete in its entirety. e. In addition to completing the Lessor’s Work detailed in Section 13.d. the Lessor shall grant the City a credit to cover the cost of replacing flooring, vinyl base, and painting interior walls (“Improvement Credit”). The Improvement Credit to the City shall be One Hundred Nine Thousand Five Hundred and Nine Dollars ($109,509). The Improvement Credit shall be applied as a credit to the City’s Account immediately after the City sends ▇▇▇▇▇▇ a copy of the executed contract for said improvement work.

Lessor’s Responsibilities. a. The Lessor shall at pay all times keep operating and maintain in good order and replace at its cost, including any required inspections, the exterior of maintenance expenses relating to the Leased Premises, Building Premises and all portions of the Property, including portions not leased to the CityBuilding, including but not limited to taxes, lighting, electricity, heating, air conditioning, water and sewer service, storm water/urban forestry utility charges, insurance, garbage removal, snow removal and administration. ▇. ▇▇▇▇▇▇ shall at Lessor’s sole cost, keep and maintain the roof; foundation; concrete subsurface floorLeased Premises in good order and condition, including the heating, ventilating and air conditioning system; the sanitary electrical, plumbing and sewer systems; water softener; water heater; window frames; windows and other below-grade plumbing components; any water damage caused by other tenants structural portions of the Propertywalls; structural members of the Building; the elevator; fire alarm systems; signs; exterior all doors, door frames and locks; exterior finishes; façade wall and elements, and exterior glassdoor operating devices; floor coverings; fixtures, windows and window frames of the Buildingshall make any repairs and/or replacements required thereto. Except as provided in Section 13.b., the City shall give the Lessor written notice of the necessity for repairs or repairs/replacements coming to the attention of the City, following which the Lessor shall have seven (7) calendar days to complete such repairs or 60 days to make any replacements (except in the case of any emergency). If the Lessor does not complete repairs within seven days of the City’s notice, then the City shall have the right to complete the needed repairs and the cost of such repairs shall be reimbursed to the City as a credit to City’s Account, and the City may off-set said repair credit from the following calendar month payment due to Lessor regardless of whether the Lessor has commenced such repairs. If repairs by their nature take more than seven days, then the Lessor shall have a reasonable time to undertake and complete the repairs if written notice of such delay is given to the City within the seven day to repair timeframe. If the Lessor does not complete any replacements within 60 days of the City’s notice, the City shall have the right to cure the default by completing the needed replacement and the cost of such replacement shall be reimbursed to the City as a credit to the City’s Account, and the City may off-set said replacement credit from the following calendar month payment due to Lessor or the City can consider this a default by the Lessor and terminate the Lease per Section 22.b. below, regardless of whether the Lessor has commenced such replacement. If the replacement by its nature take more than 60 days to complete, then the Lessor shall have a reasonable time to complete the replacement if written notice of such delay is given to the City. The option to cure a default herein is intended for the City’s protection and its existence shall not release the Lessor from the obligation to perform the terms and covenants herein provided to be performed by the Lessor or deprive the City of any legal rights which may arise by reason of any defaultrepairs. For the purposes of so maintaining the Leased Premises, the Lessor reserves the right, upon a minimum of twenty-four (24) hours’ notice and at times reasonable for the City, to enter and inspect the Leased Premises and to make any necessary repairs or replacements thereto, or at any time in the event of an emergency, provided that in all instances the Lessor must be accompanied by an employee or agent of the City. ▇. ▇▇▇▇▇▇ shall provide the City with five (5) days written notice for any non-emergency maintenance, repair or other work that is to be completed on the Building, Property, or within the Leased Premises. c. The Lessor shall, at the Lessor’s sole cost, be responsible for any damage resulting from the negligence of the Lessor or its officers, officials, members, agents, employees, assigns, guests, invitees, sublessees sub-lessees or subcontractors. Notwithstanding the foregoing, the City shall be responsible for the cost of insuring its contents and for the cost of damage to the City’s contents in the Leased Premises which would be covered by properly maintained insurance, and for the cost of repairs/replacements to the Building or Leased Premises or Common Areas caused by the sole negligence of the City or its employees. d. Prior to the Effective Date, the The Lessor shall, at the Lessor’s sole cost and as a cost, deliver the Leased Premises in broom-clean condition at the beginning of the LeaseInitial Term. e. The Lessor shall, cause all at the following repairsLessor’s sole cost, maintenance, pay for signage in the Building directory and /or replacements to for signage outside the Leased Premises, Building, and Property, . f. The Lessor will provide at its cost (collectively “Lessor’s Work”): i. Correct costs janitorial services for the drainage issue along the west side of the Building near the door to the Library’s large meeting room; and ii. Extend the downspout at southeast corner of the Building to a sufficient length as to direct water into the adjacent lawn sod and ensure downspout runoff does not flow onto the driveway or cause ice build-up on driveway; and iii. Repair all potholes in the parking lot and re-stripe the parking spaces; and iv. Repair/replace damaged sections of concrete within the sidewalk areas that serve the Leases Leased Premises; and v. Install “No Parking” signs along the curb to the north and west of the Building; and vi. Install a painted crosswalk area with related stop signs for pedestrians crossing from the Building to the parking area; and vii. Install a monument sign near ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and have City listed thereon; sign installation is subject to approval by the City of Madison; and In the event the above Lessor’s Work is not completed by January 1, 2021, then the City shall not be charged Base Rent for each day the Lessor’s Work is not complete in its entirety. e. In addition to completing the Lessor’s Work detailed in Section 13.d. the Lessor shall grant the City a credit to cover the cost of replacing flooring, vinyl base, and painting interior walls (“Improvement Credit”). The Improvement Credit to the City shall be One Hundred Nine Thousand Five Hundred and Nine Dollars ($109,509). The Improvement Credit shall be applied as a credit to the City’s Account immediately after the City sends ▇▇▇▇▇▇ a copy of the executed contract for said improvement work.

Lessor’s Responsibilities. a. a) The Lessor at its cost shall at all times keep and maintain in good order condition and replace at its costrepair, including any required inspections, the following in or serving the Leased Premises and the Building: foundations; roof, gutters and heat tape; interior and exterior lighting of the Building outside the Leased Premises; electrical, plumbing and sewer systems to the point of distribution within the Leased Premises; fire alarm system and devices of the Building outside the Leased Premises; all utility lines, appurtenances, meters and all meter boxes to the point of distribution in the Leased Premises; concrete floors; structural portions of the Propertywalls; exterior walls; exterior window frames and glass; exterior door and frame; and all other structural members, including portions not leased both interior and exterior; the heating venting and air conditioning units/systems and controls over $500; ventilating equipment over $500; and exterior painting of Building, in good order, condition and repair, and shall make any repairs/replacements thereto. The term “repairs” shall include replacements or renewals when necessary and all such “repairs” shall be equal in quality and class to the original work. Notwithstanding the foregoing, the City shall be responsible for the cost and expenses of repairs/replacements required by reason of acts or omissions of the City, including but not limited to the roof; foundation; concrete subsurface floor; the sanitary sewer City’s employees, agents, invitees, vendors, licensees or contractors. The Lessor shall further be responsible for repairs, maintenance and other below-grade plumbing components; any water damage caused by other tenants of the Property; structural members of the Building; the elevator; fire alarm systems; signs; exterior doors, door frames and locks; exterior finishes; façade wall and elements, and exterior glass, windows and window frames of the Buildingreplacement as set forth in Exhibit D attached hereto. Except as provided in Section 13.b., the The City shall give the Lessor written notice of the necessity for repairs maintenance, repairs, or replacements coming to the attention of the City, following which the Lessor shall have seven (7) calendar days to complete such maintenance/ repairs or 60 days to make any replacements (except in the case of any emergency, which includes but is not limited to the loss of any power, heating or cooling, or any condition in the Leased Premises that must be remedied in fewer than three (3) days in order for the City to use the Leased Premises as intended under this Lease). If the Lessor does not complete maintenance/repairs within seven fourteen (14) days of the City’s notice, then the City shall have the right to complete the needed maintenance/repairs and the cost of such maintenance/repairs shall be reimbursed to the City as a credit to City’s Accountaccount, and the City may off-set said maintenance/repair credit from the following calendar month month’s Base Rent payment due to Lessor regardless of whether the Lessor has commenced such maintenance/repairs. If maintenance/repairs by their nature take more than seven fourteen (14) days, then the Lessor shall have a reasonable time to complete the maintenance/repairs if written notice of such delay is given to the City within the seven fourteen (14) day to maintenance/repair timeframe. If the Lessor does not complete any replacements within 60 sixty (60) days of the City’s notice, the City shall have the right to cure the default by completing the needed replacement and the cost of such replacement shall be reimbursed to the City as a credit to the City’s Accountaccount, and the City may off-set said replacement credit from the following calendar month month’s Base Rent payment due to Lessor or the City can consider this a default by the Lessor and terminate the Lease per Section 22.b17.b. below, regardless of whether the Lessor has commenced such replacement. If the replacement by its nature take takes more than 60 sixty (60) days to complete, then the Lessor shall have a reasonable time to complete the replacement if written notice of such delay is given to the City. The option to cure a default herein is intended for the City’s protection and its existence shall not release the Lessor from the obligation to perform the terms and covenants herein provided to be performed by the Lessor or deprive the City of any legal rights which may arise by reason of any default. For the purposes of so maintaining the Leased Premises, the Lessor reserves the right, upon a minimum of twenty-four (24) hours’ notice and at times reasonable for the City, to enter and inspect If the Leased Premises and is not able to make any necessary repairs or replacements theretobe occupied after 72 hours from the City’s notice, or at any then the Base Rent shall be abated for the period of time in thereafter until the event of an emergency, provided that in all instances the Lessor must be accompanied Leased Premises is habitable by an employee or agent of the City. ▇. ▇▇▇▇▇▇ b) Lessor shall provide the City with five (5) days written notice for any non-emergency maintenance, repair or other work that is to be completed on the Building, Property, or within the Leased Premises. c. The c) Lessor shallshall use commercially reasonable efforts in performing any maintenance, at Lessor’s sole cost, be responsible for making any damage resulting from the negligence of the Lessor or its officers, officials, members, agents, employees, assigns, guests, invitees, sublessees or subcontractors. Notwithstanding the foregoing, the City shall be responsible for the cost of insuring its contents and for the cost of damage to the City’s contents in the Leased Premises which would be covered by properly maintained insurance, and for the cost of repairs/replacements to the Building or Leased Premises or Common Areas caused by the sole negligence of the City or its employees. d. Prior to the Effective Date, the Lessor shall, at the Lessor’s sole cost and as a condition of the Lease, cause all the following repairs, maintenancealterations, and /or replacements improvements to the Leased Premises, Building, and Property, at its cost (collectively “Lessor’s Work”): i. Correct the drainage issue along the west side of the Building near the door to the Library’s large meeting room; and ii. Extend the downspout at southeast corner of Common Areas or the Building to a sufficient length as to direct water into keep the adjacent lawn sod and ensure downspout runoff does not flow onto the driveway or cause ice build-up on driveway; and iii. Repair all potholes in the parking lot and re-stripe the parking spaces; and iv. Repair/replace damaged sections disruption of concrete within the sidewalk areas that serve the Leases Premises; and v. Install “No Parking” signs along the curb to the north and west of the Building; and vi. Install a painted crosswalk area with related stop signs for pedestrians crossing from the Building to the parking area; and vii. Install a monument sign near ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and have City listed thereon; sign installation is subject to approval by the City of Madison; and In the event the above Lessor’s Work is not completed by January 1, 2021, then the City shall not be charged Base Rent for each day the Lessor’s Work is not complete in its entirety. e. In addition to completing the Lessor’s Work detailed in Section 13.d. the Lessor shall grant the City a credit to cover the cost of replacing flooring, vinyl base, and painting interior walls (“Improvement Credit”). The Improvement Credit to the City shall be One Hundred Nine Thousand Five Hundred and Nine Dollars ($109,509). The Improvement Credit shall be applied as a credit to the City’s Account immediately after the City sends ▇▇▇▇▇▇ business to a copy of the executed contract for said improvement workminimum.