Common use of Repair Obligation Clause in Contracts

Repair Obligation. Subject to the terms and conditions of this Lease, Landlord shall maintain in good operating repair (which may be effected by Landlord’s replacement of worn-out items) and condition, reasonable wear and tear and damage by fire or casualty excepted, (i) the structural portions of the Building, (ii) the exterior wall of the Building, including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located within the Leased Premises that does not exclusively serve the Leased Premises), and (v) Common Areas, Building Common Areas and General Common Areas. Upon reasonable prior notice to Tenant (which may be given orally or in writing, except in the case of an emergency when no such notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems, or common areas, and/or the visibility of the affected areas outside of the Leased Premises), Landlord shall have the right, but not the obligation, to undertake maintenance or repair work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenant’s failure to perform its repair obligations hereunder.

Repair Obligation. Subject If neither party elects to terminate this Lease following a Casualty, within the time periods specified for so doing, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any improvements, alterations or betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Project. If this Lease is terminated under the provisions of this Section 15, Landlord shall be entitled to the terms full proceeds of the insurance policies providing coverage for all alterations, improvements and conditions betterments in the Premises; provided, that in such event, after Landlord has received proceeds sufficient to restore the Project and all improvements funded by Landlord with respect to the Premises (including the Construction Allowance), Tenant shall be entitled to proceeds up to the unamortized portion of the out-of-pocket amounts initially expended by Tenant to third parties (over and above the amount permitted to be retained by Landlord as described above) to perform the Work in the Premises, and any subsequent work in the Premises paid for exclusively by Tenant, as calculated using a straight-line amortization over the initial Term (or, for any improvements installed during any renewal Term amortized over such renewal Term), and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord shall maintain in good operating repair (which may be effected by Landlord’s replacement of worn-out items) and condition, reasonable wear and tear and damage by fire or casualty excepted, (i) the structural portions of the Building, (ii) the exterior wall of the Building, including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located within the Leased Premises that does not exclusively serve the Leased Premises), and (v) Common Areas, Building Common Areas and General Common Areas. Upon reasonable prior notice to Tenant (which may be given orally or in writing, except in the case of an emergency when no such notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems, or common areas, and/or the visibility of the affected areas outside of the Leased Premises), Landlord shall have the right, but not the obligation, to undertake maintenance or repair work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of the proceeds Landlord would have received had Tenant maintained insurance on such costs, to reimburse Landlord for its administration and managerial effort arising from Tenant’s failure to perform its repair obligations hereunderitems as required by this Lease.

Repair Obligation. Subject to the terms and conditions provisions of this LeaseArticle V, Landlord shall maintain in good operating be obligated to maintain, repair and, as necessary, replace, (which may or to cause to be effected by Landlord’s replacement of worn-out items) and conditionmaintained, reasonable wear and tear and damage by fire repaired or casualty exceptedreplaced), consistent with maintaining the Building as a first class office building, only the following: (i) the structural portions of the Building, (ii) the exterior wall walls of the BuildingBuilding (which shall include walls facing the Winter Garden as if the same were exterior walls), including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systemssystems located in the Building, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located whether within the Leased Premises that does not exclusively serve or otherwise, (v) the Leased Premises)Common Areas and the Project Operational Common Areas, and (vi) any damage caused to the Leased Premises by any act or omission of Landlord or Landlord Responsible Parties. If, within ten (10) Business Days after notice from Tenant, Landlord shall fail or refuse to either (a) commence diligently work of repair which Landlord is required to perform pursuant to clause (vi) of this Section 3.04, or (b) provide Tenant with an explanation of why such work of repair has not been commenced, then, so long as such work does not affect the items referred to in items (i) through (v) Common Areasof this Section 3.04 and does not affect other tenant's of the Project, Building Common Areas Tenant shall have the right, but not the obligation, to perform such work and General Common Areasall reasonable costs incurred by Tenant in performing such work shall be repaid by Landlord within (10) days of Landlord's receipt of an invoice therefor. Upon reasonable prior If Tenant shall fail or refuse to commence diligently work of repair which Tenant is required to perform pursuant to Section 4.03 within ten (10) Business Days after notice to Tenant from Landlord (which may be given orally or in writing, except in the case cases of an emergency when emergency, in which event no such prior notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems), or common areasTenant does not thereafter diligently pursue such work of repair to completion, and/or the visibility of the affected areas outside of the Leased Premises), then Landlord shall have the right, but not the obligation, to undertake maintenance or repair perform such work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair work for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenant’s failure effort. Landlord agrees to perform its use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason of any work performed pursuant to Landlord's repair obligations hereundercontained in this Section 3.04.

Repair Obligation. Subject to the terms and conditions provisions of this LeaseArticle V, Landlord shall maintain in good operating be obligated to maintain, repair and, as necessary, replace (which may or to cause to be effected by Landlord’s replacement of worn-out items) and conditionmaintained, reasonable wear and tear and damage by fire repaired or casualty exceptedreplaced), consistent with maintaining the Building as a first class office building, only the following: (i) the structural portions of the Building, (ii) the exterior wall of the Building, including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems, serving to the perimeter of the Leased Premises (together with any base building equipmentPremises, if any, located within the Leased Premises that does not exclusively serve the Leased Premises), and (v) Common Areas, Building Common Areas and General Common Areas, and (vi) any damage caused to the Leased Premises by any act or omission of Landlord or Landlord Responsible Parties. Upon If, within ten (10) Business Days after notice from Tenant, Landlord shall fail or refuse to either (a) commence diligently work of repair which Landlord is required to perform pursuant to clause (vi) of this Section 3.06, or (b) provide Tenant with an explanation of why such work of repair has not been commenced, then, so long as such work does not affect the items referred to in items (i) through (v) of this Section 3.04 and does not affect other tenants of the Project, Tenant shall have the right, but not the obligation, to perform such work and all reasonable prior costs incurred by Tenant in performing such work shall be repaid by Landlord within ten (10) days of Landlord’s receipt of an invoice therefor. If Tenant shall fail or refuse to commence diligently work of repair which Tenant is required to perform pursuant to Section 4.03 within ten (10) Business Days after notice to Tenant from Landlord (which may be given orally or in writing, except in the case cases of an emergency when emergency, in which event no such prior notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems), or common areasTenant does not thereafter diligently pursue such work of repair to completion, and/or the visibility of the affected areas outside of the Leased Premises), then Landlord shall have the right, but not the obligation, to undertake maintenance or repair perform such work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair work for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenanteffort. Landlord agrees to use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason of any work performed pursuant to Landlord’s failure to perform its repair obligations hereundercontained in this Section 3.06.

Repair Obligation. Subject to the terms and conditions provisions of this LeaseArticle V, Landlord shall maintain in good operating be obligated to maintain, repair and, as necessary, replace, (which may or to cause to be effected by Landlord’s replacement of worn-out items) and conditionmaintained, reasonable wear and tear and damage by fire repaired or casualty exceptedreplaced), consistent with maintaining the Building as a first class office building, only the following: (i) the structural portions of the Building, (ii) the exterior wall walls of the BuildingBuilding (which shall include walls facing the Winter Garden as if the same were exterior walls), including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systemssystems located in the Building, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located whether within the Leased Premises that does not exclusively serve or otherwise, (v) the Leased Premises)Common Areas and the Project Operational Common Areas, and (vi) any damage caused to the Leased Premises by any act or omission of Landlord or Landlord Responsible Parties. If, within ten (10) Business Days after notice from Tenant, Landlord shall fail or refuse to either (a) commence diligently work of repair which Landlord is required to perform pursuant to clause (vi) of this Section 3.04, or (b) provide Tenant with an explanation of why such work of repair has not been commenced, then, so long as such work does not affect the items referred to in items (i) through (v) Common Areasof this Section 3.04 and does not affect other tenant’s of the Project, Building Common Areas Tenant shall have the right, but not the obligation, to perform such work and General Common Areasall reasonable costs incurred by Tenant in performing such work shall be repaid by Landlord within (10) days of Landlord’s receipt of an invoice therefor. Upon reasonable prior If Tenant shall fail or refuse to commence diligently work of repair which Tenant is required to perform pursuant to Section 4.03 within ten (10) Business Days after notice to Tenant from Landlord (which may be given orally or in writing, except in the case cases of an emergency when emergency, in which event no such prior notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems), or common areasTenant does not thereafter diligently pursue such work of repair to completion, and/or the visibility of the affected areas outside of the Leased Premises), then Landlord shall have the right, but not the obligation, to undertake maintenance or repair perform such work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair work for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenanteffort. Landlord agrees to use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason of any work performed pursuant to Landlord’s failure to perform its repair obligations hereundercontained in this Section 3.04.