Limitation upon Landlord's Obligation Clause Samples

Limitation upon Landlord's Obligation. Landlord shall not be obligated to perform any service or to repair or maintain any structure or facility except as provided in this Article and Articles 10 and 11 of this Lease. The cost of any service, maintenance or repairs made by Landlord pursuant to this Lease which are made necessary because of the negligence or misuse of Tenant, Tenant's agents, employees, servants, contractors, subtenants, licensees, shall be paid by Tenant within ten (10) days after receipt of a billing therefor from Landlord. Landlord reserves the right to temporarily stop any service when Landlord deems such stoppage necessary, whether by reason of accident or emergency, or for repairs or improvements or otherwise. Landlord shall not be liable under any circumstances for loss or injury however occurring, through or in connection with or incident to any stoppage of such services. Landlord shall have no responsibility or liability for failure to supply any services or maintenance or to make any repairs when prevented from doing so by any cause beyond Landlord's control. Landlord shall not be obligated to inspect the Premises and shall not be obligated to make any repairs or perform any maintenance within the Premises hereunder unless first notified of the need thereof in writing by Tenant. In the event that Landlord shall fail to commence such repairs or maintenance within ten (10) days after said notice (or two (2) days after said notice if the failure of the item requiring repair materially interferes with the conduct of Tenant's business), Tenant's sole right and remedy for such failure shall be, after further notice to Landlord, to make such repairs or perform such maintenance and to deduct the cost and expenses thereof from the rent payable hereunder; provided, however, that the amount of such deduction not exceed the reasonable value of such repairs or maintenance; and provided, further, if such repairs or maintenance are needed because of act or omission of Tenant, its agents, servants, employees, customers, invitees or licensees, the cost thereof shall be paid by Tenant. To the extent that Landlord is required to perform any service or repair, Landlord shall do so with reasonable diligence and in a manner which is reasonably calculated to avoid interference with Tenant's business in the Premises.