Common use of Structural Repairs Clause in Contracts

Structural Repairs. Except as otherwise provided by Section 1, structural portions of the Premises, the roof of the Leased Premises and those portions of the exterior of the Leased Premises, including parking areas, which Lessee is not obligated to maintain pursuant to Section 1 will be repaired by Lessor provided Lessee gives Lessor notice specifying the need for and nature of such repairs, provided however, if Lessor is required to make any repairs to such portions of the Leased Premises by reason, in whole or in part of the negligent act of failure to act by Lessee or Lessee's agent. Servants, employees, contractors or subcontractors, or by reason of any unusual use of the Leased Premises by Lessee (whether or not such use is a permitted use hereunder), Lessor may collect the cost of such repairs, as Additional Rent, upon demand. For the purpose of this Lease, any difference in floor level, shifting of floor slab, or deviation in finished floor height resulting from the insertion or construction of an expansion joint or strip in the floor slab shall not be deemed a structural defect requiring repair by Lessor, but rather, a normal construction practice which shall be Lessee's responsibility to appropriately plan for in its construction and use of the Leased premises. If, without Lessor's prior consent, Lessee performs any alterations, additions, improvements, changes, affixations of chattels or other work which affects the structural portions of the Leased Premises and/or the roof of the Building and/or that portion of the exterior of the Leased Premises which Lessor is obligated to repair pursuant to Section 2 (a) or which affects the structural integrity of the Building, such action by Lessee shall release and discharge Lessor as of the commencement of such alteration, addition, improvement, affixation or other work of and from such repair obligation and thereafter Lessee agrees to be solely responsible for the maintenance, repair, and replacement of any or all such structural portions, roof, exterior and building which have been affected as aforesaid; provided, in the event Lessee shall default in the performance, to Lessor's satisfaction, of such responsibilities, Lessor, in addition to Lessor's other remedies under this Lease, at law or in equity, may (but shall not be obligated to do so) cure such default on behalf of Lessee without any liability of Lessor, its agents, servants, employees, contractors or subcontractors for damage to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof, and Lessee shall reimburse Lessor, as Additional Rent, upon demand, for any sums paid or costs incurred in curing such default, plus administrative costs of Lessor in a sum equal to twenty percent (20%) of such sums and/or costs. For the purposes of the foregoing, if Lessee performs any such alterations, additions, improvements, changes, affixation or other work in a manner not consistent with Lessor's prior consent thereto, such work shall be deemed to have been performed without Lessor's consent. The foregoing notwithstanding, Lessee shall have no liability for and shall be reimbursed by Lessor for the cost of repairs made by Lessee which are the responsibility of Lessor hereunder and which Lessor failed to make after ten (10) days written notice from Lessee to Lessor, unless Lessor disputes responsibility.

Structural Repairs. Except Landlord, at its own cost and expense, shall ------------------ maintain the foundation and the structural soundness of the exterior walls of the Building in good repair, reasonable wear and tear excluded. The term "walls" as otherwise provided by Section 1used herein shall not include windows, structural portions glass or plate glass, any doors, special store fronts or office entries, and the term "foundation" as used herein shall not include loading docks. Landlord shall further, at its sole cost and expense (subject to inclusion as a component of Operating Expenses to the extent such costs qualify as an Operating Expenses), repair, replace (as necessary) and maintain in good working order, condition and repair, the roof, landscaping, drainage, common area lighting facilities, parking lots and driveways of the Project, sanitary sewers and water main in the Building, concealed plumbing serving the Premises, the roof all exterior common areas of the Leased Premises Project, and those portions of the exterior of the Leased Building. With respect to the foregoing areas of repair and maintenance, Landlord shall maintain the Building in a manner reasonably consistent with comparable industrial buildings in the North Austin submarket ("Comparable Buildings"). Notwithstanding any other provision hereof, if the lack of such maintenance and repair materially impairs Tenant's use of or access to the Premises, including parking areas, which Lessee is not obligated to maintain pursuant to Section 1 will be repaired by Lessor provided Lessee gives Lessor notice specifying the need for and nature of such repairs, provided however, if Lessor is required Landlord fails to make any required repairs to such portions within thirty (30) days after the receipt of the Leased Premises by reason, in whole or in part of the negligent act of failure to act by Lessee or LesseeTenant's agent. Servants, employees, contractors or subcontractors, or by reason of any unusual use of the Leased Premises by Lessee (whether or not such use is a permitted use hereunder), Lessor may collect the cost of such repairs, as Additional Rent, upon demand. For the purpose of this Lease, any difference in floor level, shifting of floor slab, or deviation in finished floor height resulting from the insertion or construction of an expansion joint or strip in the floor slab shall not be deemed a structural defect requiring repair by Lessor, but rather, a normal construction practice which shall be Lessee's responsibility to appropriately plan for in its construction and use of the Leased premises. If, without Lessor's prior consent, Lessee performs any alterations, additions, improvements, changes, affixations of chattels or other work which affects the structural portions of the Leased Premises and/or the roof of the Building and/or that portion of the exterior of the Leased Premises which Lessor is obligated to repair pursuant to Section 2 (a) or which affects the structural integrity of the Building, such action by Lessee shall release and discharge Lessor as of the commencement of such alteration, addition, improvement, affixation or other work of and from such repair obligation and thereafter Lessee agrees to be solely responsible for the maintenance, repair, and replacement of any or all such structural portions, roof, exterior and building which have been affected as aforesaid; providedwritten notice or, in the event Lessee the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance and Landlord fails to commence performance with the thirty (30) day period and thereafter diligently pursue the completion of same using commercially reasonable efforts, Tenant may, at its option, make such repair or replacement on Landlord's behalf and Landlord shall default reimburse to Tenant, within thirty (30) days of Tenant's written request therefor, Tenant's reasonable costs and expenses in connection with the performance, to Lessor's satisfaction, exercise of such responsibilities, Lessor, in addition to Lessor's other remedies under this Lease, at law or in equity, may (but right. Tenant shall not be obligated to do so) cure such default on behalf of Lessee without any liability of Lessor, its agents, servants, employees, contractors or subcontractors for damage to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof, and Lessee shall reimburse Lessor, as Additional Rent, upon demand, for any sums paid or costs incurred in curing such default, plus administrative costs of Lessor in a sum equal to twenty percent (20%) of such sums and/or costs. For the purposes of the foregoing, if Lessee performs any such alterations, additions, improvements, changes, affixation or other work in a manner not consistent with Lessor's prior consent thereto, such work shall be deemed to have been performed without Lessor's consent. The foregoing notwithstanding, Lessee shall have no liability for and shall be reimbursed by Lessor for the cost of repairs made by Lessee which are the responsibility of Lessor hereunder and which Lessor failed to make after ten (10) days immediately give Landlord written notice from Lessee to Lessor, unless Lessor disputes responsibilityof defect or need for repairs.

Structural Repairs. Except as otherwise provided by Section 1Landlord shall, structural at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the PremisesProject in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the tortious acts or negligence of Tenant, its agents, employees, or licensees, except to the roof extent that Landlord is reimbursed therefor under any policy of the Leased Premises and those portions of the exterior of the Leased Premisesinsurance, including parking areas, which Lessee is not obligated to maintain pursuant to Section 1 will be repaired by Lessor provided Lessee gives Lessor notice specifying the need for and nature of or such repairs, provided however, if Lessor is required to make any repairs to such portions of the Leased Premises by reason, are due in whole or in part to the negligence of the negligent act of failure Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to act by Lessee Tenant or Lessee's agent. Servants, employees, contractors or subcontractors, or Tenant’s business by reason of any unusual use of Landlord’s actions in fulfilling its obligations under the Leased Premises by Lessee (whether or not Lease unless such use is a permitted use hereunder), Lessor may collect the cost of such repairs, as Additional Rent, upon demand. For the purpose of this Lease, any difference due in floor level, shifting of floor slab, or deviation in finished floor height resulting from the insertion or construction of an expansion joint or strip in the floor slab shall not be deemed a structural defect requiring repair by Lessor, but rather, a normal construction practice which shall be Lessee's responsibility to appropriately plan for in its construction and use of the Leased premises. If, without Lessor's prior consent, Lessee performs any alterations, additions, improvements, changes, affixations of chattels or other work which affects the structural portions of the Leased Premises and/or the roof of the Building and/or that portion of the exterior of the Leased Premises which Lessor is obligated to repair pursuant to Section 2 (a) or which affects the structural integrity of the Building, such action by Lessee shall release and discharge Lessor as of the commencement of such alteration, addition, improvement, affixation or other work of and from such repair obligation and thereafter Lessee agrees to be solely responsible for the maintenance, repair, and replacement of any or all such structural portions, roof, exterior and building which have been affected as aforesaid; provided, in the event Lessee shall default in the performance, to Lessor's satisfaction, of such responsibilities, Lessor, in addition to Lessor's other remedies under this Lease, at law whole or in equity, may (but part to the gross negligence or intentional misconduct of Landlord. Landlord shall not be obligated to do so) cure such default on behalf of Lessee without undertake any liability of Lessor, repairs that are its agents, servants, employees, contractors or subcontractors for damage to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof, and Lessee shall reimburse Lessor, as Additional Rent, responsibilities upon demand, for any sums paid or costs incurred in curing such default, plus administrative costs of Lessor in a sum equal to twenty percent (20%) of such sums and/or costs. For the purposes of the foregoing, if Lessee performs any such alterations, additions, improvements, changes, affixation or other work in a manner not consistent with Lessor's prior consent thereto, such work shall be deemed to have been performed without Lessor's consent. The foregoing notwithstanding, Lessee shall have no liability for and shall be reimbursed by Lessor for the cost of repairs made by Lessee which are the responsibility of Lessor hereunder and which Lessor failed to make after ten (10) days prior written notice. If there is a failure to make such repairs by Landlord and such are necessary in the reasonable judgment of Tenant, and after not less than thirty (30) days additional written notice to landlord (except no notice shall be required in cases of an emergency), Tenant may make such repairs and the reasonable costs incurred by Tenant shall be payable by Landlord within thirty (30) days of receipt of such xxxx; and after thirty (30) days, such costs shall accumulate interest at the rate of ten (10%) percent per annum. Furthermore, if Landlord fails to pay such amount to Tenant as required by the preceding sentence, Tenant may deduct the amount of such repairs, plus interest at the rate of ten (10%) percent per annum, from Lessee Base Rent due Landlord, provided, however, in no event shall Tenant deduct an amount equal to Lessor, unless Lessor disputes responsibilitymore than 25% of Base Rent in any single month.

Structural Repairs. Except Throughout the Term, Owner will be responsible for performing any capital repairs and replacements of the Building structure, roof structure, roof membrane and major rooftop HVAC equipment as otherwise provided they exist on the Effective Date of this Lease, except to the extent caused by Section 1Tenant Improvements, structural portions Alterations, or, to the extent not covered by insurance required to be maintained under this Lease, Tenant’s negligent or wrongful act (“Structural Repairs”); provided, however, the all costs incurred by Owner for the Structural Repairs will be amortized over the useful life of the Structural Repair (as reasonably determined by Owner in accordance with GAAP), and, subject to amounts recovered under insurance required to be maintained under this Lease, or under warranties, indemnities or guarantees from third party vendors or contractors with respect to such Structural Repairs, or condemnation proceeds applicable thereto, Tenant agrees to pay to Owner, as Additional Rent under this Lease, a monthly amount equal to the amortized portion for that month. Tenant agrees that Owner has no obligation to inspect the Premises for Structural Repairs (but Owner may elect to do so from time-to-time). Owner’s obligations with respect to Structural Repairs will not commence until a reasonable time after Tenant has notified Owner that Tenant believes that Structural Repairs may be necessary for Tenant’s use or occupancy of the Premises, which notice must specify the roof nature of the Leased Premises and those portions Structural Repairs desired by Tenant (provided, however, Owner will remain free to perform any Structural Repair that Owner identifies as necessary, even if no notice thereof was provided by Tenant). Notwithstanding the foregoing, during the first twenty-four (24) months of the exterior of the Leased PremisesInitial Term, including parking areas, which Lessee is not obligated to maintain pursuant to Section 1 Owner will be repaired by Lessor provided Lessee gives Lessor notice specifying the need responsible for any extraordinary maintenance and nature of such repairs, provided however, if Lessor is required to make any repairs to such portions of the Leased Premises by reason, in whole or in part of the negligent act of failure to act by Lessee or Lessee's agent. Servants, employees, contractors or subcontractors, or by reason of any unusual use of the Leased Premises by Lessee (whether or not such use is a permitted use hereunder), Lessor may collect and the cost of such repairs, as Additional Rent, upon demand. For the purpose of this Lease, any difference in floor level, shifting of floor slab, or deviation in finished floor height resulting from the insertion or construction of an expansion joint or strip in the floor slab shall not be deemed a structural defect requiring repair by Lessor, but rather, a normal construction practice which shall be Lessee's responsibility to appropriately plan for in its construction and use of the Leased premises. If, without Lessor's prior consent, Lessee performs any alterations, additions, improvements, changes, affixations of chattels or other work which affects the structural portions of the Leased Premises and/or the roof replacement) of the Building and/or that portion of the exterior of the Leased Premises which Lessor is obligated to repair pursuant to Section 2 (a) or which affects the structural integrity of the Building, such action by Lessee shall release and discharge Lessor as of the commencement of such alteration, addition, improvement, affixation or other work of and from such repair obligation and thereafter Lessee agrees to be solely responsible for the maintenance, repair, and replacement of any or all such structural portions, roof, exterior and building which have been affected as aforesaid; provided, in the event Lessee shall default in the performance, to Lessor's satisfaction, of such responsibilities, Lessor, in addition to Lessor's other remedies under this Lease, at law or in equity, may (but shall not be obligated to do so) cure such default on behalf of Lessee without any liability of Lessor, its agents, servants, employees, contractors or subcontractors for damage to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof, and Lessee shall reimburse Lessor, as Additional Rent, upon demand, for any sums paid or costs incurred in curing such default, plus administrative costs of Lessor in a sum equal to twenty percent (20%) of such sums and/or costs. For the purposes of the foregoing, if Lessee performs any such alterations, additions, improvements, changes, affixation or other work in a manner not consistent with Lessor's prior consent thereto, such work shall be deemed to have been performed without Lessor's consent. The foregoing notwithstanding, Lessee shall have no liability for and shall be reimbursed by Lessor for the cost of repairs made by Lessee which are the responsibility of Lessor hereunder and which Lessor failed to make after ten (10) days written notice from Lessee to Lessor, unless Lessor disputes responsibilityrooftop HVAC units.

Structural Repairs. Except as otherwise provided by Section 1Landlord shall, structural at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the PremisesProject in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the negligence of Tenant, the roof of the Leased Premises and those portions of the exterior of the Leased Premises, including parking areas, which Lessee is not obligated to maintain pursuant to Section 1 will be repaired by Lessor provided Lessee gives Lessor notice specifying the need for and nature of such repairs, provided however, if Lessor is required to make any repairs to such portions of the Leased Premises by reason, in whole or in part of the negligent act of failure to act by Lessee or Lessee's agent. Servantsits agents, employees, contractors or subcontractorslicensees, except to the extent Landlord is reimbursed therefor under any policy of insurance, or to the extent such are due to tortious acts or negligence of Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to Tenant or Tenant’s business by reason of Landlord’s actions in fulfilling its obligations under the Lease except to the extent such is due to the tortious acts or negligence of Landlord or its contractors, servants or employees. Landlord shall undertake any unusual use of the Leased Premises by Lessee repairs that are its responsibilities upon thirty (whether or not such use 30) days prior written notice. If there is a permitted use hereunder)failure by Landlord to make such repairs to the Premises and such are necessary in the reasonable judgment of Tenant, Lessor and if such repairs are not completed by Landlord after thirty (30) days notice from Tenant, Tenant may collect make such repairs and xxxx the cost of such repairsrepairs to Landlord. However, as Additional Rentno notice shall be required by Tenant if there is an emergency. Any work undertaken by Tenant shall be payable by Landlord within thirty (30) days of receipt of such xxxx, upon demand. For the purpose of this Leaseand if Landlord fails to pay such amounts within said thirty (30) day period, any difference in floor level, shifting of floor slab, or deviation in finished floor height resulting such sums shall bear interest on such amount from the insertion or construction date of an expansion joint or strip in such invoice at the floor slab rate of nine (9%) percent per annum and Tenant shall have the right to deduct such amounts from any amounts owed by Tenant to Landlord provided such deduction shall not be deemed a structural defect requiring repair by Lessor, but rather, a normal construction practice which shall be Lessee's responsibility to appropriately plan for in its construction and use of the Leased premises. If, without Lessor's prior consent, Lessee performs any alterations, additions, improvements, changes, affixations of chattels or other work which affects the structural portions of the Leased Premises and/or the roof of the Building and/or that portion of the exterior of the Leased Premises which Lessor is obligated to repair pursuant to Section 2 exceed twenty-five (a) or which affects the structural integrity of the Building, such action by Lessee shall release and discharge Lessor as of the commencement of such alteration, addition, improvement, affixation or other work of and from such repair obligation and thereafter Lessee agrees to be solely responsible for the maintenance, repair, and replacement of any or all such structural portions, roof, exterior and building which have been affected as aforesaid; provided, in the event Lessee shall default in the performance, to Lessor's satisfaction, of such responsibilities, Lessor, in addition to Lessor's other remedies under this Lease, at law or in equity, may (but shall not be obligated to do so) cure such default on behalf of Lessee without any liability of Lessor, its agents, servants, employees, contractors or subcontractors for damage to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof, and Lessee shall reimburse Lessor, as Additional Rent, upon demand, for any sums paid or costs incurred in curing such default, plus administrative costs of Lessor in a sum equal to twenty percent (2025%) percent of such sums and/or costs. For the purposes of the foregoing, if Lessee performs any such alterations, additions, improvements, changes, affixation or other work in a manner not consistent with Lessor's prior consent thereto, such work shall be deemed to have been performed without Lessor's consent. The foregoing notwithstanding, Lessee shall have no liability for and shall be reimbursed by Lessor for the cost of repairs made by Lessee which are the responsibility of Lessor hereunder and which Lessor failed to make after ten (10) days written notice from Lessee to Lessor, unless Lessor disputes responsibilitymonthly Base Rent.