Common use of Landlord’s Repairs Clause in Contracts

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), and the foundation of the Building); provided, however, to the extent such maintenance, repairs or repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance notice.

Appears in 4 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

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Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense maintain (and not as an operating expensei) shall repair, maintain and replace the structural portions of the Building and Premises, (including ii) the roofBase, floor Shell and ceiling slabsCore improvements of the Building and the basic plumbing, exterior wallsheating, structural columns ventilating, air conditioning and load bearing walls, building façade, utility lines electrical systems serving the building Building. and (to iii) the extent not the responsibility common areas of the utility company), Building and the foundation of the Building)Real Property; provided, however, to the extent if any such maintenance, repairs or repairs are caused in pan or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees agents or inviteesemployees, Tenant shall pay to Landlord as Additional Rentadditional rent, the reasonable cost of such maintenance repairs, but only to the extent the cost of such repairs is not coveted by insurance proceeds actually received by Landlord. Subject to Landlords indemnity of Tenant in Section 10.1 below and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant subject to this Section 7.2 of which Tenant becomes aware. 6.5 above, Landlord shall not be in default liable for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairsto perform any maintenance. Except as otherwise provided hereinin Section 6.5 above, there shall be no abatement of rent and no liability of Landlord landlord by reason of any injury to or interference with Tenant’s Tenants business arising from the making of any repairs, alterations or improvements in or to any portion of the ProjectReal Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided provided, however, that Landlord does agrees to use commercially reasonable efforts to cause such repairs, alterations and improvements to be performed so as not interrupt to materially or adversely interfere with Tenants normal business functions within the Premises. Tenant hereby waives and releases its right to make repairs at Landlords expense under Sections 1941 and 1942 of the California Civil Code, or under any building services similar law, statute, or utilities and provides Tenant reasonable advance noticeordinance now or hereafter in effect.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense maintain (and not as an operating expensei) shall repair, maintain and replace the structural portions of the Building and Premises, (including ii) the roofBase, floor Shell and ceiling slabsCore improvements of the Building and the basic plumbing, exterior wallsheating, structural columns ventilating, air conditioning and load bearing walls, building façade, utility lines electrical systems serving the building Building and not located in the Premises, and (to iii) the extent not the responsibility common areas of the utility company), Building and the foundation of the Building)Real Property; provided, however, to the extent if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairsto perform any maintenance. Except as otherwise provided hereinin Section 6.5 above, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the ProjectReal Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided provided, however, that Landlord does agrees to use commercially reasonable efforts to cause such repairs, alterations and improvements to be performed so as not interrupt any building services or utilities to materially and provides Tenant reasonable advance notice.adversely interfere with Tenant's normal business functions within the

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including and the roofplumbing, floor heating, ventilating, air conditioning, life safety and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines electrical systems serving the building (to Building and not located in the extent not the responsibility of the utility company), and the foundation of the Building)Premises; provided, however, to the extent if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licensees or invitees, Tenant shall pay to Landlord Landlord, as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there There shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with TenantXxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Premises or Building or the Premises Complex or in or to fixtures, appurtenances and equipment therein; provided that therein but Landlord does shall take reasonable measures not interrupt to interfere with Xxxxxx’s business. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make any building services repairs, alterations, improvements or utilities additions to the Premises or to the Building Complex or to any equipment located in the Building Complex as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and provides Tenant reasonable advance noticereleases its right to make repairs at Landlord’s expense under any law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) Landlord shall repair, maintain and replace the structural portions of the Building (including keep the roof, floor and ceiling slabsfoundation, exterior walls, structural columns and load bearing walls, building façadecommon areas, heating, air conditioning, mechanical and electrical systems, and all sewer and utility lines serving of the building (Building including, but not limited to, all sewer connections, plumbing, heating appliances, wiring, and glass, in good order and repair, shall furnish Tenant all Building standard florescent bulb replacement in all areas and all incandescent bulb replacement in the common areas and service areas within the Building. Notwithstanding anything to the extent not contrary contained herein and except as otherwise provided in the preceding sentence, Landlord shall have no obligation to maintain, replace, or repair any other improvements located within the Premises, the maintenance of which is and shall be the responsibility of Tenant. Notwithstanding the utility company), and the foundation obligation of the Building); provided, however, to the extent such maintenance, repairs or repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or inviteesLandlord under this Section 7.1, Tenant shall pay to Landlord as Additional Rent, be responsible for the reasonable cost of such maintenance any and repairs. all damage arising from the negligence or willful misconduct of Tenant shall promptly give Landlord written notice or any of any repair required by Landlord pursuant to this Section 7.2 of which the Tenant becomes awareParties. Landlord shall not be in default for any failure have no obligation to make any repairs unless and until Tenant notifies Landlord in writing of the necessity thereof, in which event Landlord shall have reasonable time in which to make such repairs; however, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Tenant may notify Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason verbally of any injury minor, routine or day-to-day repairs which need to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticebe made.

Appears in 2 contracts

Samples: Lease (Roberts Realty Investors Inc), Roberts Realty Investors Inc

Landlord’s Repairs. Anything contained in Section 7.1 6.1 above to the contrary notwithstanding, and subject Landlord shall maintain or cause to Articles 11 and 12 belowbe maintained, Landlordas part of Operating Expenses, at its sole cost and expense (and not as an operating expense) shall repairthe common areas of the Project, maintain and replace the structural portions of the Building roof (including the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility companyroof membrane), and the foundation and floor slabs of the Building)Premises and the load-bearing portions of walls (excluding wall coverings, painting, glass and doors) of the Premises; provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licensees or invitees, Tenant shall pay to Landlord Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable to Tenant for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (oror to perform any maintenance hereunder, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, and there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with TenantTxxxxx’s business arising from the making of or failure to make any repairs, alterations or improvements in or to any portion of the ProjectPremises, Building or the Premises Real Property or in or to fixtures, appurtenances and equipment therein; provided that , unless (i) Landlord does not interrupt fails to exercise commercially reasonable diligence in performing its maintenance and repair obligations hereunder, and (ii) such failure continues for ten (10) or more consecutive days after Tenant notifies Landlord of the needed repair in writing. Tenant hereby waives and releases its right to make repairs any building services Texas state law, statute, or utilities and provides Tenant reasonable advance noticeordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (bioAffinity Technologies, Inc.)

Landlord’s Repairs. Anything contained Landlord shall, in Section 7.1 above accordance with the Maintenance Standard (as defined below), maintain the following: (a) as an Operating Expense (subject to the contrary notwithstandingprovisions of Section 21001083-v13 0000 Xxxxxxx Xxxxxx Xxxxx—REGENXBIO INC.—Page 23 5), and subject to Articles 11 and 12 belowthe repair or replacement of the roof membrane, Landlordexterior glass, at its sole cost and expense (and not as an operating expense) shall caulking, tuck pointing, brick repair, maintain demising walls, parking areas (both surface and replace the structural Parking Garage), the Common Areas of the Building, the base Building HVAC, plumbing, fire sprinklers, elevators and all other building systems serving the Premises and other portions of the Building (including “Building Systems”), and (b) at Landlord’s expense and not as an Operating Expense, the repair or replacement of the roof, floor foundation, slab, and ceiling slabsstructural walls of the Building, exterior wallscorrection of defects in the original construction of the Building, structural columns any repair or replacement to the extent covered under any warranties of Landlord’s contractors or vendors, and load bearing wallsof any damage to the Premises caused by the gross negligence or willful misconduct of Landlord or its employees. Losses and damages caused by Tenant, building façadeor by any of Tenant’s agents, utility lines serving the building servants, employees, invitees, and contractors (collectively, “Tenant Parties”), shall be repaired by Landlord, to the extent not covered by insurance, at Tenant’s sole cost and expense. Landlord reserves the right to stop Building Systems services when necessary (i) by reason of accident or emergency, or (ii) for planned repairs, alterations or improvements, which are, in the reasonable judgment of Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Except as otherwise expressly provided in this Lease, Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of the utility company), and the foundation of the Building)interruption; provided, however, that Landlord shall (A) except in case of emergency, give Tenant at least 3 business days’ advance notice of any planned stoppage of Building Systems services for routine maintenance, repairs, alterations, or improvements, and (B) use all commercially reasonable efforts to minimize the extent and duration of such stoppage (including, where practicable, performing any such maintenance, repairs repairs, alterations, or repairs are caused by the act, neglect, fault improvements at times and in manner that will minimize any stoppage of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairsBuilding Systems services during normal business hours). Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of (or with respect to any emergency, oral notice followed immediately by written notice), after which Tenant becomes awareLandlord shall use all commercially reasonable efforts to promptly effect such repair. Landlord shall not be in default liable for any failure to make any such repairs, repairs or to perform any maintenance unless such failure shall persist for 30 days an unreasonable time after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairsrepairs or maintenance. Except as otherwise provided herein, there Tenant waives its rights under any Legal Requirement to terminate this Lease or to make such repairs at Landlord’s expense and agrees that the parties’ respective rights with respect to such matters shall be no abatement solely as set forth herein. Repairs required as the result of rent fire, earthquake, flood, or other casualty, vandalism, war, or similar cause of damage or destruction shall be controlled by Section 18. Repairs required as a result of a Taking (as defined in Section 19) shall be controlled by Section 19. For purposes of this Lease, “Maintenance Standard” means the standards customarily maintained by owners of Class A office/laboratory buildings in the Gaithersburg/Rockville, Maryland market of comparable size and no liability of Landlord by reason of any injury to or interference age, reasonable wear and tear excepted, and in compliance with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticeall applicable Legal Requirements.

Appears in 1 contract

Samples: Lease Agreement (REGENXBIO Inc.)

Landlord’s Repairs. Anything contained in Section 7.1 Paragraph 8(a) above to the contrary notwithstanding, and subject to Articles Paragraphs 10 and 11 of this Lease, Landlord shall maintain, as part of Operating Expenses, the common areas of the Project (including those systems and 12 belowequipment located outside the Building but serving the Building), Landlordthe existing HVAC equipment located on the roof of the Building and the equipment providing distribution within the Building of the HVAC from such existing HVAC equipment, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building roof (including the roofroof membrane), the foundation and floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility slabs of the utility company), Building and the foundation load-bearing portions of walls (excluding wall coverings, painting, glass and doors) of the Building and the existing fire/life safety systems and equipment located in the Building); provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay directly to Landlord as Additional Rentadditional rent (but not as part of Operating Expenses), the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Except as expressly provided in Paragraph 7(d) above, Landlord shall not be in default liable for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, to perform any maintenance and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code; provided that Landlord does not interrupt or under any building services similar law, statute, or utilities and provides Tenant reasonable advance noticeordinance now or hereafter in effect.

Appears in 1 contract

Samples: Village Industrial Gross Lease (Celera CORP)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including and the roofbasic plumbing, floor heating, ventilating, air conditioning and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines electrical systems serving the building (to Building and not located in the extent not the responsibility of the utility company), and the foundation of the Building)Premises; provided, however, and subject to the extent Section 10.4, if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licenses or invitees, Tenant shall pay to Landlord Landlord, as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable to Tenant for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (oror to perform any maintenance hereunder, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, and there shall be no abatement of rent and no liability of Landlord Rent by reason of any injury to or interference with Tenant’s business arising from the making of a failure to make any repairs, alterations or improvements in or to any portion of the Project, Premises or Building or the Premises Complex or in or to fixtures, appurtenances and equipment therein; provided that . Landlord does may, but shall not interrupt be required to, enter the Premises at all reasonable times to make any building services repairs, alterations, improvements or utilities additions to the Premises or to the Building Complex or to any equipment located in the Building Complex as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and provides Tenant reasonable advance noticereleases its right to make repairs at Landlord’s expense under any law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 belowof this Lease, Landlord, at its sole cost Landlord shall repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (including and the roofbasic plumbing, floor heating, ventilating, air conditioning and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines electrical systems serving the building (to Building and not located in the extent not the responsibility of the utility company), and the foundation of the Building)Premises; provided, however, to the extent if such maintenance, repairs or maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantscontractors, employees employees, licenses or invitees, Tenant shall pay to Landlord Landlord, as Additional Rentadditional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable to Tenant for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (oror to perform any maintenance hereunder, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, and there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of a failure to make any repairs, alterations or improvements in or to any portion of the Project, Premises or Building or the Premises Complex or in or to fixtures, appurtenances and equipment therein; provided that . Landlord does may, but shall not interrupt be required to, enter the Premises at all reasonable times to make any building services repairs, alterations, improvements or utilities additions to the Premises or to the Building Complex or to any equipment located in the Building Complex as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi–governmental authority or court order or decree. Tenant hereby waives and provides Tenant reasonable advance noticereleases its right to make repairs at Landlord’s expense under any law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

Landlord’s Repairs. Anything contained Landlord shall repair and maintain in good order, repair and condition, the cost of which shall be included in Operating Costs to the extent permitted in Section 7.1 above to 4 above, the contrary notwithstandingBuilding’s Structure, the Building’s Systems and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions common areas of the Building and Project (but not including any non-base building facilities installed in the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), and the foundation of the BuildingPremises); provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the willful act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or inviteesany Tenant Party, Tenant shall pay to Landlord as Additional additional Rent, the commercially reasonable cost of such maintenance and repairs. , which payment shall be made by Tenant shall promptly give to Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 within thirty (30) days after Tenant’s written notice (orreceipt of an invoice therefor, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairstogether with reasonable supporting evidence. Except as otherwise provided hereinset forth in Section 7(d) below, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of or failing to make any repairs, alterations or improvements in or to any portion of the Project, Building . Tenant hereby waives and releases any right to make repairs at Landlord’s expense under any Law now or the Premises or hereafter in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticeeffect.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

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Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense ------------------ (and not subject to Landlord's right to receive Tenant's Compliance Contribution pursuant to Section 11.1(b) as an operating expense) Operating Expenses pursuant to Section 6.1), throughout the Term, shall repair, maintain and replace the structural portions take good care of the Building (including the roof, floor and ceiling slabsstructure (which, exterior walls, structural columns and for the purposes of this Agreement shall mean load bearing walls, building façadefoundation, utility lines serving roof system and exterior panels, excluding items of a cosmetic nature) and paved parking areas (in accordance with Section 10.5 herein) in the building Demised Premises (to including any improvements hereafter erected or installed on the extent not the responsibility of the utility companyLand), and shall keep the foundation same in good order and condition, and shall make and perform all routine maintenance thereof and all necessary repairs thereto, ordinary and extraordinary, foreseen and unforeseen, of the Building); providedevery nature, howeverkind and description. When used in this Article, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments. All repairs made by Landlord shall be at least equal in quality to the extent such maintenanceoriginal work and shall be made by Landlord in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs or repairs are caused shall be measured by the actstandards which are appropriate for improvements of similar construction and class, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt shall in any building services event make all repairs necessary to avoid any structural damage or utilities and provides Tenant reasonable advance noticeother damage or injury to the Improvements.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Landlord’s Repairs. Anything contained Landlord shall repair and maintain in good order, repair and condition, the cost of which shall be included in Operating Costs to the extent permitted in Section 7.1 above to 4 above, the contrary notwithstandingBuilding’s Structure, the Building’s Systems and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions common areas of the Building and Project (but not including any non-base building facilities installed in the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), and the foundation of the BuildingPremises); provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the act, neglect, fault of or omission willful act of any duty by TenantTenant Party, its agentsthen subject to the waiver of subrogation provision in this Lease, servants15 Second & Spring Avalara, employees or invitees, Inc. Tenant shall pay to Landlord as Additional additional Rent, the reasonable cost of such maintenance and repairs. , which payment shall be made by Tenant shall promptly give to Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default for any failure to make any such repairs, unless such failure shall persist for 30 within thirty (30) days after Tenant’s written notice (orreceipt of an invoice therefor, if earlier, together with reasonable supporting evidence. Landlord shall commence to make all repairs under this Section as soon as reasonably possible after Landlord otherwise had notice or should have been awarelearns of the need for such repairs but in any event within thirty (30) days after Tenant notifies Landlord of the need for such repairs. Except as otherwise provided set forth herein, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of or failing to make any repairs, alterations or improvements in or to any portion of the Project, Building . Tenant hereby waives and releases any right to make repairs at Landlord’s expense under any Law now or the Premises or hereafter in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticeeffect.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles Article 11 and Article 12 below, Landlordand other express provisions of this Lease, at its sole cost Landlord shall, as part of Operating Expenses (unless excluded in Article 4), repair and expense (and not as an operating expense) shall repair, maintain and replace the structural portions of the Building (Building, including the rooffoundation, floor and ceiling slabs, exterior roof (inclusive of the roof membrane), curtain walls, structural columns exterior glass and load bearing wallsmullions, building façadecolumns, utility lines beams, shafts, stairs and stairwells, and Building systems serving the building (to Building and not located in the extent not Premises, including the responsibility of the utility company)central plant, air compressors and the foundation of the Building)vacuum pumps; provided, however, to the extent such maintenance, repairs or maintenance and repairs are caused by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of which Tenant becomes aware. Landlord shall not be in default liable for any failure to make any such repairs, or to perform any maintenance, unless such failure shall persist continues for 30 thirty (30) days after following Tenant’s 's written notice to Landlord (or, if earlier, after unless such failure cannot reasonably be corrected within said 30-day period in which case Landlord otherwise had notice or should have been aware) must undertake to correct such failure within said 30-day period and thereafter diligently pursue such correction to completion). Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the need for such repairsCalifornia Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect. Except as otherwise provided hereinIn performing its obligations under this Section, there Landlord shall be no abatement of rent and no liability of Landlord by reason of any injury use commercially reasonable efforts to or minimize unreasonable interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion 's use of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticePremises.

Appears in 1 contract

Samples: Attornment Agreement (Janux Therapeutics, Inc.)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, LandlordLandlord shall maintain, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace the structural portions soundness of the roof, foundation, floors, columns and exterior walls of the Building (including the roofin good repair, floor reasonable wear and ceiling slabs, exterior walls, structural columns tear and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility company), uninsured losses and the foundation of the Building); provided, however, to the extent such maintenance, repairs or repairs are damages caused by the act, neglect, fault of or omission of any duty by Tenant, its agentsagents and contractors excluded. The term "walls" as used in this Paragraph 10 shall not include windows, servantsglass or plate glass, employees doors or inviteesoverhead doors, Tenant shall pay to Landlord as Additional Rentspecial store fronts, the reasonable cost of such maintenance and repairsdock bumpers, dock plates or levelers, or office entries. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 Paragraph 10, after which Landlord shall have a reasonable opportunity to repair. After Tenant takes possession of which Tenant becomes awarethe Premises, it shall within thirty (30) days thereafter give notice to Landlord of items of construction that are Landlord's responsibility that need repair or correction, and Landlord shall promptly correct such "punchlist" items. Landlord shall also be responsible for repairing any latent construction defects to the items which are Landlord's responsibility to maintain at its expense under this Paragraph 10 and the Tenant Improvements (as defined in Addendum B attacked hereto) which cannot reasonably have been discovered by Tenant within such 30-day period. The cost of repairing the construction defects referred to in the previous sentence shall not be included in default Operating Expenses for any failure to make any such repairs, unless such failure shall persist for 30 days after purposes of Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance notice's Proportionate Share thereof.

Appears in 1 contract

Samples: Lease Agreement (Novellus Systems Inc)

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 below, LandlordLandlord shall maintain, at its sole cost and expense (and not as an operating Landlord’s expense) shall repair, maintain and replace only the structural portions elements of the roof of the Building (including excluding the roof, floor and ceiling slabs, exterior walls, structural columns and load bearing walls, building façade, utility lines serving the building (to the extent not the responsibility of the utility companyroof membrane), and the structural soundness of the foundation of the Building); provided, however, to Building and the extent such maintenance, repairs or repairs are caused by structural elements of the act, neglect, fault exterior walls of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as Additional Rentthe Building (collectively, the reasonable cost of such maintenance and repairs“Landlord Repair Items”). Tenant shall promptly reimburse Landlord for the cost of any maintenance, repair or replacement of the foregoing necessitated by Tenant’s misuse, negligence, alterations to the Premises or any breach of Its obligations under this Lease. By way of example, and not limitation, the term “exterior walls” as used in this section shall not include windows, glass or plate glass, doors or overhead doors, special store fronts dock bumpers, dock plates or levelers, or office entries. Tenant shall immediately give Landlord written notice of any repair required by Landlord pursuant to this Section 7.2 of section, after which Tenant becomes aware. Landlord shall not have a reasonable time in which to commence and diligently complete the repair. Nothing contained in this section shall be construed to obligate Landlord to seal or otherwise maintain the surface of any foundation, floor or slab. Tenant expressly waives the benefits of any statute now or hereafter in default for any effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to make any such repairs, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Landlord otherwise had notice or should have been aware) of the need for such repairs. Except as otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or keep the Premises or in or to fixturesgood order, appurtenances condition and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance noticerepair.

Appears in 1 contract

Samples: Source Photonics Inc

Landlord’s Repairs. Anything contained Subject to other provisions of this Article and Article 14 hereof, Landlord shall keep and maintain in Section 7.1 above to the contrary notwithstanding, good order and subject to Articles 11 and 12 below, Landlord, at its sole cost and expense (and not as an operating expense) shall repair, maintain and replace during the structural portions term of the Building (including this Lease, the roof, floor and ceiling slabs, exterior walls, structural columns and load parts (including interior bearing walls) and structural floors, building façade, utility lines serving the building sidewalks and curbs adjacent to the Premises and all pipes and conduit outside the Premises and used for the furnishing to the Premises of various utilities to the point of connection by Tenant thereto (except to the extent not that the responsibility same are the obligation of the appropriate public utility company), and the foundation of the Building); provided, however, that Landlord shall not be required to make repairs necessitated by reason of the neglect or failure of Tenant or anyone claiming under Tenant to perform or observe any conditions or agreements to be performed or observed by Tenant under this Lease, or caused by alterations, additions or improvements made by Tenant or anyone claiming under Tenant, unless covered by Section 8.01 or 8.03 above. The cost of maintenance and repairs to the extent such maintenance, repairs or repairs are caused by non-structural portions of the act, neglect, fault roof shall be deemed part of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay the Common Area Expenses and reimbursed to Landlord as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to Section 15.02, but the costs of the other repairs under this Section 7.2 13.04 shall be borne by Landlord and shall not be deemed part of which Tenant becomes awarethe Common Area Expenses. Landlord shall not be in default liable for any failure to make any such repairsrepairs required hereunder, unless such failure shall persist for 30 days after Tenant’s written notice (or, if earlier, after Tenant previously has notified Landlord otherwise had notice or should have been aware) in writing of the need for such repairs. Except as otherwise provided herein, there shall be no abatement repairs within a reasonable period following the receipt of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided that Landlord does not interrupt any building services or utilities and provides Tenant reasonable advance such notice.

Appears in 1 contract

Samples: Lease Agreement (1st Centennial Bancorp)

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