Common use of Repairs by Landlord Clause in Contracts

Repairs by Landlord. 10. Except for damage caused by the negligence or willful misconduct of Tenant, its agents, employees, contractors and invitees, Landlord, at its sole cost and expense, shall keep in good repair and maintain (commensurate with other first-class warehouse and distribution centers in the vicinity of the Premises) the roof (including the roof membrane, gutters, and downspouts), and all structural elements of the Premises, including but not limited to, foundation, the floor slab (excluding the surface), and exterior walls (exclusive of painting, glass and exterior doors), and all underground portions of all Building Systems. Tenant shall promptly notify Landlord of the need for any repairs which are Landlord’s responsibility hereunder. Landlord shall be under no duty to make any repairs hereunder unless Landlord receives notice of the need for such repairs or of which Landlord has actual notice. In an emergency, or if Landlord fails to begin repairs or maintenance as to an item that is Landlord’s responsibility as described by this Paragraph 10, within ten (10) days following written request from Tenant (or in the case of material roof leaks, following 24-hours written notice from Tenant), Tenant may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf pursuant to this Paragraph) in an amount not exceeding twenty-five percent (25%) of each installment of monthly Rent.

Repairs by Landlord. 10Unless otherwise expressly stipulated herein, Landlord shall not be required to make any improvements to or repairs of any kind or character to the Leased Premises during the Term of this Lease; provided, however, the leasehold improvements to the Leased Premises will be and remain Tenant’s obligation to repair and maintain, in accordance with Section 5.3 below, but same will, at Tenant’s written request and at Landlord’s option, be maintained by Landlord at Tenant’s expense, at a cost or charge equal to the costs incurred in such maintenance plus an additional administrative charge equal to five percent (5%) of such total costs. Except for damage caused by the negligence or willful misconduct of TenantIn addition, its agents, employees, contractors and invitees, LandlordLandlord shall, at its sole cost and expense, shall keep in good repair maintain, repair, and maintain (commensurate replace, consistent with other firstComparable First-class warehouse Class Buildings, all exterior and distribution centers in the vicinity structural portions of the Premises) Office Building, all of the roof (including Common Areas, the roof membranesixth floor common amenity deck, gutters, and downspouts), Parking Garage and all structural elements of the PremisesBuilding systems, including but not limited toto the roof and roof membrane, foundation, the floor slab (excluding the surface)exterior and interior walls, and exterior walls all main utilities serving the Office Building (exclusive other than the local distribution of paintingsuch utilities or systems within the Leased Premises). In addition, glass Landlord shall be responsible for complying at all times during the Term with the Texas Accessibility Standards, Americans with Disability Act and exterior doorsfire safety requirements and all other legal requirements, in each case, applicable to the Common Areas. Notwithstanding any provisions of this Lease to the contrary, all repairs, alterations or additions to the base Office Building or its systems (as opposed to those involving only Tenant’s alterations or leasehold improvements), and all underground portions repairs, alterations, or additions to Tenant’s alterations or leasehold improvements which affect the Building’s structural components or major mechanical, electrical, or plumbing systems, made by or for or on behalf of all Building SystemsTenant and any other tenants in the Office Building, shall be made by Landlord or Landlord’s contractor only, and, in the case of repairs or alterations or additions undertaken for or at the request of Tenant, shall be paid for by Tenant in an amount equal to Landlord’s costs plus an additional administrative charge equal to five percent (5%) of such total costs. To the extent Tenant or Tenant’s agents or employees discover any water leakage, water damage or mold in or about the Leased Premises, Tenant shall promptly notify Landlord of the need for any repairs which are Landlord’s responsibility hereunderthereof in writing. Landlord shall be under no duty use reasonable efforts to make minimize interference with Tenant’s use and occupancy of the Leased Premises during the performance of any repairs hereunder unless Landlord receives notice of the need for such repairs or of which Landlord has actual notice. In an emergency, or if Landlord fails is obligated to begin repairs or maintenance as to an item that is Landlord’s responsibility as described by this Paragraph 10, within ten (10) days following written request from Tenant (or in the case of material roof leaks, following 24-hours written notice from Tenant), Tenant may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf perform pursuant to this Paragraph) Section 5.2, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Notwithstanding the foregoing, other than in the event of an amount not exceeding twentyemergency or as otherwise required by applicable law, Tenant shall have the right to require Landlord at its expense (but subject to recoupment pursuant to Section 2.3 hereof), to employ contractors or labor at so-five percent (25%) of each installment of monthly Rentcalled overtime pay rates if such repair work materially interferes with Tenant’s ability to conduct its business in the Leased Premises, as reasonably determined by Tenant, by providing notice to Landlord requesting same and describing in reasonable detail such interference.

Repairs by Landlord. 10. Except for damage caused by the negligence or willful misconduct of Tenant, its agents, employees, contractors and invitees, Landlord, at its sole cost and expense, Landlord shall keep and maintain in good repair working order and maintain (commensurate with other first-class warehouse repair, and distribution centers in shall make such improvements, repairs or replacements as are necessary or appropriate to, the vicinity exterior walls, all structural components and elements of the Premises) the roof Project, lobbies, stairs, elevators (including the roof membranewithout limitation, gutterscabs and doors), corridors and downspouts)corridor walls and wall treatments, carpeting, public restrooms, roofs, plateglass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all facilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilating and air conditioning, life safety and elevators) required to be provided by Landlord pursuant to this Lease, all at such times, in such manner and to such extent as is standard in Comparable Buildings. All repairs, alterations or additions that affect the Project's structural elements of the Premisescomponents or major mechanical, including but not limited toelectrical, foundation, the floor slab (excluding the surface), and exterior walls (exclusive of painting, glass and exterior doors), and all underground portions of all Building Systems. Tenant shall promptly notify Landlord of the need for any repairs which are Landlord’s responsibility hereunder. Landlord or plumbing systems shall be under no duty to make any repairs hereunder unless made by Landlord receives notice of the need for such repairs or of which Landlord has actual notice. In an emergencyits contractors only, or if Landlord fails to begin repairs or maintenance as to an item that is Landlord’s responsibility as described by this Paragraph 10and, within ten (10) days following written request from Tenant (or in the case of material roof leaksany damage to such components or systems caused by Tenant or Tenant's agents, following 24-hours written notice from Tenant)contractors, customers, employees, invitees, licensees, servants, or visitors, shall be paid for by Tenant may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf pursuant to this Paragraph) in an amount not exceeding twenty-five equal to Landlord's cost plus six percent (256%) for overhead. Unless otherwise provided in this Lease, Landlord shall not be required to make any improvements to or repairs of each installment any kind or character to the Premises during the Term or any extensions or renewals thereof, except such repairs to Building standard improvements as may be necessary or appropriate for normal maintenance; provided, however, non-Building standard leasehold improvements shall, at Tenant's written request, be maintained, repaired, or replaced by Landlord at Tenant's expense, at a cost or charge equal to Landlord's costs (net of monthly Rentsavings effected by not having to maintain, repair or replace Building Standard improvements), which costs shall be payable within thirty (30) days after demand. Notwithstanding the foregoing, Landlord shall be responsible for the repair, at its expense, of any structural and/or latent defects in the Building and, if Landlord constructed them, the Initial Tenant Improvements.

Repairs by Landlord. 10. Except for damage caused by the negligence or willful misconduct of Tenant, its agents, employees, contractors and invitees, Landlord, at its sole cost and Landlord’s expense, throughout the Term, shall keep in good repair and maintain (commensurate with other first-class warehouse the structural and distribution centers in the vicinity public portions of the Premises) the roof Building (including the roof membraneroof, guttersexterior Building walls, windows and downspouts)the glass therein, grounds and all structural elements of landscaping) and the Building Systems serving the Premises, including but not limited toin good working order, foundationcondition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed to the floor slab foregoing and in or about the Premises, except for those repairs for which Tenant is responsible pursuant to any of the other express provisions of this Lease; and such repairs to the Premises shall be at least equal in quality and class to those typically made in first class office buildings in Manhattan and made in compliance with all Insurance Requirements and Legal Requirements. Landlord at all times shall operate the Building in a manner consistent with a first class office building. Landlord shall, within three (excluding the surface), and exterior walls (exclusive of painting, glass and exterior doors), and all underground portions of all Building Systems. 3) Business Days’ after Tenant shall promptly notify give notice to Landlord or sooner in the event of the need for any repairs which are Landlord’s responsibility hereunder. Landlord shall be under no duty to make any repairs hereunder unless Landlord receives notice of the need for such repairs or of which Landlord has actual notice. In an emergency, or if endeavor to commence and diligently prosecute to completion all repairs and maintenance for which Landlord fails to begin repairs or maintenance as to an item that is Landlord’s responsibility as described by this Paragraph 10, within ten (10) days following written request from Tenant (or in the case of material roof leaks, following 24-hours written notice from Tenant), Tenant may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf responsible pursuant to the provisions of this Paragraph) in Lease. Landlord covenants to take such steps as are reasonably available to Landlord to minimize the interference with Tenant’s access to and/or use of the Premises arising from such repairs and maintenance; provided, that Landlord shall have no obligation to take such steps by performing such work on an amount not exceeding twenty-five percent (25%) of each installment of monthly Rentovertime basis unless Tenant pays any excess charges to Landlord for such overtime work.

Repairs by Landlord. 10Unless otherwise expressly stipulated herein, Landlord shall not be required to make any improvements or repairs of any kind or character to the Leased Premises during the Term, except such repairs to Building standard improvements as may be deemed necessary by Landlord in its reasonable discretion, for normal maintenance operations. Except Non-Building standard leasehold improvements will, at Tenant's written request, be maintained by Landlord at Tenant's expense, at a cost or charge equal to the costs incurred in such maintenance plus an additional charge of twelve percent (12%). Notwithstanding any provisions of this Lease to the contrary, all repairs, alterations or additions to the base Building and its systems (as opposed to those involving only Tenant's leasehold improvements), and all repairs, alterations and additions to Tenant's non-Building standard leasehold improvements which affect the Building's structural components or major mechanical, electrical or plumbing systems, made by, for or on behalf of Tenant and any other tenants in the Building shall be made by Landlord or its contractor only, and, if on behalf of Tenant, shall be paid for by Tenant in an amount equal to Landlord's costs plus twelve percent (12%). Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage caused or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease, unless such repairs were necessitated due to the gross negligence or willful misconduct of Tenant, its agents, employees, contractors and invitees, Landlord, at its sole cost and expense, shall keep in good repair and maintain (commensurate with other first-class warehouse and distribution centers in the vicinity of the Premises) the roof (including the roof membrane, gutters, and downspouts), and all structural elements of the Premises, including but not limited to, foundation, the floor slab (excluding the surface), and exterior walls (exclusive of painting, glass and exterior doors), and all underground portions of all Building Systems. Tenant shall promptly notify Landlord of the need for any repairs which are Landlord’s responsibility hereunder. Landlord shall be under no duty to make any repairs hereunder unless Landlord receives notice of the need for such repairs or of which Landlord has actual notice. In an emergency, or if Landlord fails to begin repairs or maintenance as to an item that is Landlord’s responsibility as described by this Paragraph 10, within ten (10) days following written request from Tenant (or in the case of material roof leaks, following 24-hours written notice from Tenant), Tenant may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf pursuant to this Paragraph) in an amount not exceeding twenty-five percent (25%) of each installment of monthly Rent.

Repairs by Landlord. 10. Except for damage caused by Landlord shall maintain the negligence or willful misconduct of Tenantroof, its agentsexterior walls, employees, contractors and invitees, Landlord, at its sole cost and expense, shall keep in good repair and maintain (commensurate with other firstload-class warehouse and distribution centers in the vicinity of the Premises) the roof (including the roof membrane, gutters, and downspouts), and all structural elements of the Premises, including but not limited tobearing columns, foundation, floor slabs, and other structural components, the floor slab mechanical, electrical and plumbing systems, the Common Areas and the roadways and landscaping of the Building (excluding leasehold improvements) in a good and operable condition, consistent with the surface)standards of other first- class office buildings in the Central Business District of Houston, Texas, and exterior walls shall make such repxxxx xxx xxxxxxxxxxxx xx xxx xx xxxxxxxx xx maintain the Building in such condition. This Section 5.02 shall not apply to damages resulting from an exercise of eminent domain (exclusive of paintingas to which Section 6.01 shall apply) or to damages resulting from a fire or other casualty (as to which Section 6.03 shall apply). Unless otherwise expressly stipulated herein, glass and exterior doors), and all underground portions of all Building Systems. Tenant shall promptly notify Landlord of the need for any repairs which are Landlord’s responsibility hereunder. Landlord shall not be under no duty required to make any improvements to or repairs hereunder unless of any kind or character to the Leased Premises or the leasehold improvements therein during the term of this Lease; provided, however, leasehold improvements in the Leased Premises will, at Tenant's written request, be maintained by Landlord receives notice at Tenant's expense, at a cost or charge equal to Landlord's costs incurred for such work plus an administrative fee. Tenant, however, shall have the right to use contractors of its choice to perform any of such maintenance of the need for such repairs leasehold improvements in the Leased Premises provided that: (i) the maintenance work will not materially affect the Building structure or mechanical, electrical or plumbing systems, all of which work shall be performed by Landlord has actual notice. In an emergency, or if Landlord fails to begin repairs or maintenance as to an item that is Landlord’s responsibility as described its contractors but shall be paid for by this Paragraph 10, within ten (10) days following written request from Tenant (or in the case of material roof leaks, following 24-hours written notice from Tenant), Tenant may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf pursuant to this Paragraph) in an amount equal to Landlord's cost plus an administrative fee, and (ii) Tenant's contractors shall be subject to Landlord's prior approval, not exceeding twenty-to be unreasonably withheld. The administrative fee charged by Landlord under this Section 5.02 and Section 5.03 shall not exceed five percent (255%) of each installment Landlord's out-of-pocket costs relating thereto during the initial term or any renewal term of monthly Rentthis Lease.

Repairs by Landlord. 10. Except for damage caused covered by Article 19, Landlord shall make all repairs, interior or exterior, structural or non-structural, ordinary or extraordinary, needed to keep the negligence or willful misconduct Building structure and common areas (as herein defined) of Tenantthe Building and the Building Systems (which include, its agentswithout limitation, employees, contractors the perimeter induction units serving the Premises and invitees, Landlord, at its sole cost and expense, shall keep the Generator to be installed by Landlord pursuant to Article 25) in good order and repair and maintain in a condition comparable to other First Class Office Buildings, excluding, however, repairs which Tenant is obligated to make pursuant to Section 8.02 or the other terms of this Lease. No liability of Landlord to Tenant shall accrue under this Section 8.01 with respect to any repair within the Premises or to any Building System servicing the Premises unless and until Tenant has given notice to Landlord of the specific repair required to be made (commensurate or specific condition requiring repair) or of the failure properly to furnish any Landlord’s Services, and Landlord’s failure, subject to Force Majeure, thereafter promptly to remedy the same. Landlord shall use commercially reasonable efforts in view of the particular circumstances to perform Landlord’s repair obligations diligently and in a manner which minimizes interference with other first-class warehouse and distribution centers in Tenant’s business at the vicinity Premises or Tenant’s use of the Premises) the roof (including the roof membrane; provided, guttershowever, and downspoutssubject to Landlord’s obligations pursuant to Section 6.04(a), and all structural elements of the Premises, including but not limited to, foundation, the floor slab (excluding the surface), and exterior walls (exclusive of painting, glass and exterior doors), and all underground portions of all Building Systems. Tenant shall promptly notify Landlord of the need for any repairs which are Landlord’s responsibility hereunder. Landlord shall not be under no duty obligated to make any repairs hereunder unless Landlord receives notice of the need pay for such repairs overtime or of which Landlord has actual notice. In an emergency, or if Landlord fails to begin repairs or maintenance as to an item that is Landlord’s responsibility as described by this Paragraph 10, within ten (10) days following written request from Tenant (or in the case of material roof leaks, following 24-after hours written notice from Tenant), Tenant may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf pursuant to this Paragraph) in an amount not exceeding twenty-five percent (25%) of each installment of monthly Rentservices.