Common use of Tenant’s Remedies in the Event of Breach of Landlord’s Warranty Clause in Contracts

Tenant’s Remedies in the Event of Breach of Landlord’s Warranty. If, on or before the Warranty Expiration Date, as hereinafter defined, Tenant gives Landlord written notice of any breach of Landlord’s Warranty promptly after Tenant becomes aware of such breach, Landlord shall, at no cost to Tenant, correct or repair such breach as soon as conditions reasonably permit and as to which, in either case, Tenant shall have given notice to Landlord, as aforesaid. The “Warranty Expiration Date” shall be defined as the date twelve (12) months after the Commencement Date. Except to the extent to which Tenant shall have given Landlord notice of respects in which Landlord has breached Landlord’s Warranty, Tenant shall be deemed conclusively to have: (i) approved Landlord’s construction, (ii) waived any claim that Landlord has breached Landlord’s Warranty, and (iii) agreed that Tenant has no claim that Landlord has failed to perform any of Landlord’s obligations with respect to Landlord’s Installations and the Commencement Date Conditions. The provisions of this Section (C) sets forth the Tenant’s sole remedies for any breach of the Landlord’s Warranty; however nothing in this Section (C) shall be deemed to relieve the Landlord of its responsibilities to perform maintenance and repairs as required pursuant to Section 8 of the Lease.

Tenant’s Remedies in the Event of Breach of Landlord’s Warranty. If, on or before the Warranty Expiration Date, as hereinafter defined, Tenant gives Landlord written notice of any breach of Landlord’s Warranty promptly after Tenant becomes aware of such breach, Landlord shall, at no cost to Tenant, correct or repair such breach as soon as conditions reasonably permit and as to which, in either case, Tenant shall have given notice to Landlord, as aforesaid. Except in the event of an emergency or notice of an unsafe condition, any such correction or repair to be performed in the Premises and that would materially interfere with the operation of a first-class business office (whether due to unreasonable noise, the creation of dirt or debris, or otherwise) in any portion of the Premises then occupied by Tenant will be performed outside of Normal Building Operating Hours. Landlord’s warranty obligations hereunder shall not apply to the extent of damage or defect caused by (v) abuse by Tenant or any Tenant Parties, (w) alterations or repairs not executed by Landlord or Landlord’s contractors or Tenant’s performance of Tenant’s Work, (x) the negligent acts or omissions or the willful misconduct of Tenant, its employees, agents, contractors, sublessees or permitted occupants, (y) improper or insufficient operation or maintenance by Tenant or any Tenant Parties, or (z) normal wear and tear and normal usage. The “Warranty Expiration Date” shall be defined as the date twelve that is fifteen (1215) months after days prior to the Commencement first (1st) anniversary of the Actual Substantial Completion Date, provided, however, that if and only to the extent that Landlord or Landlord’s general contractor has obtained, at no additional cost to Landlord (unless paid for by Tenant), the benefit of any extended warranty for any portion of Landlord’s Work (an “Extended Warranty”), the Warranty Expiration Date shall be extended to the date that is one (1) month prior to the actual expiration date of the Extended Warranty. Except to the extent to which Tenant shall have given Landlord notice of respects in which Landlord has breached Landlord’s WarrantyWarranty or Landlord has otherwise failed to perform Landlord’s construction obligations under this Exhibit B, Tenant shall be deemed conclusively to have: (i) approved Landlord’s construction, (ii) waived any claim that Landlord has breached Landlord’s Warranty, and (iii) have agreed that Tenant has no claim that Landlord has failed to perform any of Landlord’s obligations with respect to Landlord’s Installations and the Commencement Date Conditionsunder this Work Agreement. The provisions of this Section (C1.4(B) sets forth the shall be Tenant’s sole remedies for any breach of the Landlord’s Warranty; however nothing in this Section (C1.4(B) shall be deemed to relieve the Landlord of its express responsibilities to perform maintenance its obligations under the Lease, including, without limitation, Landlord’s obligations under Sections 7.1 and repairs as required pursuant to 7.2 of the Lease or affect or limit the provisions of Section 8 7.3 of the Lease.. Exhibit B 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxx, Inc. Lease

Tenant’s Remedies in the Event of Breach of Landlord’s Warranty. If, on or before the Warranty Expiration Date, Date (as hereinafter defined), Tenant gives Landlord written notice of any breach of Landlord’s Warranty promptly after Tenant becomes aware of such breach, Landlord shall, at no cost to Tenant, correct or repair such breach as soon as conditions reasonably permit and as to which, in either case, Tenant shall have given notice to Landlord, as aforesaid. The “Warranty Expiration Date” shall be defined as the date twelve that is eleven (1211) months and two (2) weeks after the Commencement Date. Except to the extent to which Tenant shall have given Landlord notice of respects in which Landlord has breached Landlord’s WarrantyWarranty or Landlord has otherwise failed to perform Landlord’s construction obligations under this Exhibit C, Tenant shall be deemed conclusively to have: (i) approved Landlord’s constructionthe Premises Work, (ii) waived any claim that Landlord has breached Landlord’s Warranty, and (iii) have agreed that Tenant has no claim that Landlord has failed to perform any of Landlord’s obligations with respect to Landlord’s Installations and the Commencement Date Conditions. under this Exhibit C. The provisions of this Section (CL(ii) sets set forth the Tenant’s sole remedies for any breach of the Landlord’s Warranty; however nothing . With respect to any latent defects in this Section (C) shall be deemed Landlord’s Work discovered by Tenant after the Warranty Expiration Date, Landlord shall, upon request of Tenant, assign to relieve Tenant its rights against any contractor, subcontractor, and/or designer engaged by Landlord in connection with Landlord’s Work to the Landlord of its responsibilities extent necessary to perform maintenance and repairs as required pursuant enable Tenant to Section 8 of the Leaseassert claims against such contractor, subcontractor and/or designer in connection with such latent defect.