Common use of REPAIRS; FLOOR LOAD Clause in Contracts

REPAIRS; FLOOR LOAD. Section 6.1 (a) Landlord, at Landlord’s expense, shall diligently maintain, replace and repair the Common Areas and the Building Systems (except as otherwise set forth herein), the Lobby and the other public portions of the Real Property, both exterior and interior, and the structural elements thereof, including, without limitation, the roof, foundation and curtain wall, footings, exterior walls, load bearing columns, floor slabs, window sashes, elevators, corridors, core electrical closets, core telecommunications closets, core janitor closets, mechanical rooms, the park, drive-in areas, curbs and sidewalks adjacent to the Building, and the plumbing, electrical, mechanical, Building HVAC System (and the DX units and perimeter heating system serving the Premises to the point of connection to the Premises), fire protection, life safety and sprinkler systems of the Building in conformance with standards applicable to a First Class Office Building (all of the foregoing, “Landlord Repairs”). Landlord shall maintain the DX units serving the Premises to the point of connection to the Premises in all material respects in accordance with the manufacturer’s specifications therefor. Tenant, at Tenant’s expense, shall keep the Premises and the fixtures, systems, equipment and appurtenances therein in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 12 and 13 hereof. Tenant, at Tenant’s expense, shall repair and keep in good working order those portions of the Building Systems located within and exclusively serving the Premises, from the point of connection on each floor of the Premises; provided, however, that in no event shall Tenant repair the Building HVAC System. By way of example only, Tenant shall be responsible for the maintenance and repair of (i) the electrical system serving the Premises from (but not including) the ▇▇▇▇ duct disconnect switch on each floor, (ii) the plumbing and sanitary systems and installations serving the Premises from the points of connection to (but not including) the main vertical risers and stacks of the Building, including any private bathrooms and shower facilities, but excluding the core bathrooms (including all fixtures therein) which shall be maintained and repaired by Landlord, at Landlord’s expense, and (iii) the sprinkler system serving the Premises from the point of connection to (but not including) the tamper and flow valves. In no event may Tenant have access to or the right to use, modify or repair telephone or electrical closets (provided that Tenant may have access to such closets so long as a representative of Landlord is present, which representative Landlord shall make available on reasonable prior notice).

REPAIRS; FLOOR LOAD. (A) Subject to Section 6.1 4.1(C) hereof, Landlord shall operate, maintain and make all necessary repairs and replacements (awhether structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen) Landlord, at Landlord’s expense, shall diligently maintain, replace and repair to the Common Areas Premises Systems and the Shared Building Systems (except as otherwise set forth herein), but not to the Lobby and the other public distribution portions of the Real Property, both exterior Premises Systems and interior, the Shared Building Systems to the extent located within the Premises) and the structural elements thereof, portions of the Building (including, without limitation, the Premises), the roof, foundation and curtain wall, footings, exterior walls, load bearing columns, floor slabs, window sashes, elevators, corridors, core electrical closets, core telecommunications closets, core janitor closets, mechanical roomsthe sidewalks, the parkcore areas of the Premises, drive-the exterior walls of the Premises, the windows of the Premises, the toilets within the Premises (other than private toilets installed therein by Tenant), and the public portions of the Building to which Tenant has access in areasconnection with Tenant's use and occupancy of the Premises (including, curbs without limitation, the Basic Amenities), both exterior and sidewalks adjacent to interior (including, without limitation, landscaping in the public portions of the Land and the Building, lighting in public portions of the Land and the plumbingBuilding, electrical, mechanical, lobbies in the public portion of the Building HVAC System (to which Tenant has access in connection with Tenant's use and the DX units and perimeter heating system serving occupancy of the Premises to (but excluding the point of connection to Exclusive Lobby Area and any other lobby within the Premises), fire protection, life safety and sprinkler systems hallways in the public portion of the Building to which Tenant has access in conformance connection with Tenant's use and occupancy of the Premises), in a first-class manner in conformity with standards applicable to a First maintained by "Class Office A" office buildings in midtown Manhattan (the "Building (all of Standard") throughout the foregoing, “Landlord Repairs”)Term. Landlord shall maintain use its commercially reasonable efforts to obtain warranties for items installed in the DX units serving Building (to the extent that such warranties are generally available for construction projects similar to the Building in midtown Manhattan), and shall comply with the terms of any warranties that Landlord so obtains to the extent that the costs of maintaining, repairing or replacing such item would otherwise be payable by Tenant hereunder. Landlord acknowledges that the Premises Systems and Shared Building Systems to be maintained by Landlord under this Section 4.1 include, without limitation, the point of connection elevators being installed to service the Premises in all material respects in accordance with the manufacturer’s specifications therefor. Tenant, at Tenant’s expense, shall keep the Premises and the fixtures, systems, equipment and appurtenances therein in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 12 and 13 hereof. Tenant, at Tenant’s expense, shall repair and keep in good working order those portions as part of the Building Systems located within and exclusively serving the Premises, from the point of connection on each floor of the Premises; provided, however, that in no event shall Tenant repair the Building HVAC System. By way of example only, Tenant shall be responsible for the maintenance and repair of (i) the electrical system serving the Premises from (but not including) the ▇▇▇▇ duct disconnect switch on each floor, (ii) the plumbing and sanitary systems and installations serving the Premises from the points of connection to (but not including) the main vertical risers and stacks of the Building, including any private bathrooms and shower facilities, but excluding the core bathrooms (including all fixtures therein) which shall be maintained and repaired by Landlord, at Landlord’s expense, and (iii) the sprinkler system serving the Premises from the point of connection to (but not including) the tamper and flow valves. In no event may Tenant have access to or the right to use, modify or repair telephone or electrical closets (provided that Tenant may have access to such closets so long as a representative of Landlord is present, which representative Landlord shall make available on reasonable prior notice)Work.

REPAIRS; FLOOR LOAD. Section 6.1 (a) Landlord, at Landlord’s expense, shall diligently maintain, replace and repair the Common Areas and the Building Systems (except as otherwise set forth herein), the Lobby and the other public portions of the Real PropertyBuilding, both exterior and interior, and the structural elements thereofof the Building (including the structural elements of the Premises), including, without limitation, the roof, foundation and curtain wall, footings, exterior walls, load bearing columns, floor slabs, window sashes, elevators, corridors, core electrical closets, core telecommunications closets, core janitor closets, mechanical rooms, the park, drive-in areas, curbs and sidewalks adjacent to the Building, and the plumbing, electrical, mechanical, Building HVAC System (and the DX units and perimeter heating system serving the Premises to the point of connection to the Premises)System, fire protection, life safety and sprinkler systems of the Building in conformance with standards applicable to a First Class Midtown Office Building (all of the foregoing, “Landlord Repairs”). Landlord shall maintain the DX units serving the Premises to the point of connection to the Premises in all material respects in accordance with the manufacturer’s specifications therefor. Tenant, at Tenant’s expense, shall keep the Premises and the fixtures, systems, equipment and appurtenances therein in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 12 and 13 hereof. Tenant, at Tenant’s expense, shall repair and keep in good working order those portions of the Building Systems located within and exclusively serving the Premises, from the point of connection on each floor of the Premises; provided, however, that in no event shall Tenant repair the Building HVAC System. By way of example only, Tenant shall be responsible for the maintenance and repair of (i) the electrical system serving the Premises from (but not including) the ▇▇▇▇ duct disconnect switch on each floor, (ii) the plumbing and sanitary systems and installations serving the Premises from the points of connection to (but not including) the main vertical risers and stacks of the Building, including any private bathrooms and shower facilities, but excluding the core bathrooms (including all fixtures therein) which shall be maintained and repaired by Landlord, at Landlord’s expense, and (iii) the sprinkler system serving the Premises from the point of connection to (but not including) the tamper and flow valves. In no event may Landlord will reasonably cooperate to provide Tenant have access to or the right telephone and electrical closets in the Building solely for purposes of installing Tenant’s telecommunication wiring therein and, subject to usethe terms of Article 4 hereof, modify to install, maintain or repair telephone or any electrical closets (equipment therein, it being agreed that such maintenance and repair shall be performed by Tenant at Tenant’s sole cost and expense, provided that Tenant may only have access to such closets if Tenant is accompanied by an agent of Landlord. (b) Notwithstanding anything to the contrary set forth in Section 6.1(a), all damage or injury to the Building Systems, the Building, or the Premises caused by or resulting from the negligence or willful misconduct of, or from Alterations made by, Tenant or any Tenant Party, shall be repaired at Tenant’s expense, (i) by Tenant, subject to Article 4 hereof, to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (ii) by Landlord at Tenant’s reasonable cost and expense, if the required repairs are structural or affect any Building System. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after thirty (30) days notice to commence, and thereafter to proceed with due diligence to complete repairs required to be made by Tenant, the same may be made by Landlord upon not less than five (5) Business Days’ prior written notice to Tenant at the reasonable expense of Tenant. Tenant shall pay to Landlord, as Additional Rent, the actual out-of-pocket costs and expenses thereof reasonably incurred by Landlord within thirty (30) days after rendition of a ▇▇▇▇ or statement therefor setting forth, in reasonable detail, a description of the repairs performed and attaching invoices therefor. Section 6.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry (unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof and shall employ only persons holding a Master Rigger’s license to do such work. Landlord represents and warrants to Tenant that the floor load of the Premises shall be as set forth in the Work Letter. Section 6.3 Except as may be expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts (which shall not, other than as set forth below in this Section 6.3, include the use of overtime or premium labor other than in the case of imminent danger to life or property) to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements and shall perform all work and repairs diligently and in a workerlike manner and in compliance with Legal Requirements. In the case of imminent danger to life or property or if the making of any repairs, alterations, additions or improvements is reasonably likely to materially adversely affect Tenant’s business operations in the Premises, Landlord shall perform such work on an “overtime” basis at Landlord’s expense; provided, however, that Landlord shall not be required to perform such work on an “overtime” basis to the extent that such work was requested by Tenant (other than to fulfill an obligation of Landlord) or would not have been needed but for a violation by Tenant of its obligations under this Lease, unless (in the case of such requested work or violation) Tenant shall agree to pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the incremental cost of the overtime or other premium pay rates, including fringe benefits and other elements of such pay rates, for such labor and any other overtime costs or expenses so long incurred. Section 6.4 Notwithstanding anything to the contrary contained in any other provision of this Lease, but subject to the provisions of Articles 12 and 13 hereof, in the event that (a) Tenant is unable to use five thousand (5,000) or more contiguous Rentable Square Feet of the Premises for the ordinary conduct of Tenant’s business due to Landlord’s breach of an obligation under this Lease to provide services or perform repairs, in each case other than as a representative result of Unavoidable Delays or Tenant Delays, and such condition continues for a period in excess of five (5) consecutive days, subject to Tenant Delays or Unavoidable Delays, after Tenant gives a notice to Landlord (the “Abatement Notice”) stating that Tenant’s inability to use the Premises or such portion thereof is presentsolely due to such condition, which representative (b) Tenant does not actually use or occupy the Premises or such portion thereof during such period, and (c) such condition has not resulted from the negligence, willful misconduct, breach of contract, violation of the provisions of this Lease beyond any applicable notice and cure period or violation of law of Tenant or any Tenant Party, then, unless Landlord shall make available have commenced to cure such condition within such five (5) day period (subject to Tenant Delays or Unavoidable Delays) after delivery of the Abatement Notice and thereafter proceeds with due diligence to cure such condition, then Fixed Rent, Tenant’s Tax Payment, Tenant’s Operating Payment, Percentage Rent Payment and Theater Surcharge Payment shall be abated as to the Premises or such affected portion of the Premises on a per diem basis for the period commencing on the sixth (6th) day (subject to Tenant Delays or Unavoidable Delays) after Tenant gives the Abatement Notice, and ending on the earlier of (x) the date Tenant substantially reoccupies the Premises or such portion thereof for the ordinary conduct of its business, or (y) the date on which such condition is substantially remedied and Landlord has notified Tenant in writing thereof. Section 6.5 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement. Section 6.6 If at any time during the Term, Tenant ceases using any wiring or cabling installed by or on behalf of Tenant in any portion of the Premises or in any other portions of the Building (other than a cessation that is temporary and where Tenant intends to resume using such wiring or cables within a reasonable prior noticeperiod of time after such cessation), Tenant shall promptly give written notice to Landlord of such cessation and, subject to the applicable requirements of this Lease, shall promptly remove such unused wiring and cabling at Tenant’s sole cost and expense. In order for Landlord and Tenant to (a) identify any wiring or cabling installed by or on behalf of Tenant in any portion of the Premises or in any other portions of the Building and/or (b) trace the starting and terminating points of such wiring and cabling, Tenant shall cause such wiring and cabling to be labeled and tagged, when installed, with appropriate identification marks and shall maintain, during the Term for all then existing wiring and cabling, “as installed” drawings containing a guide or key to such marks and showing the routing of such wiring and cabling. Upon Landlord’s request, Tenant shall provide to Landlord and Landlord’s representatives and contractors reasonable access to such “as installed” drawings for inspection and copying.