Common use of Landlord’s Repairs Clause in Contracts

Landlord’s Repairs. Landlord shall be responsible, at its expense, only for the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls occasioned by the act or omission of Tenant, or its agents, employees, guests or invitees shall be the responsibility of Tenant. The term "walls" as used in this Paragraph 8 shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome.

Appears in 3 contracts

Samples: Lease Agreement (Monitronics International Inc), Lease Agreement (Monitronics International Inc), Lease Agreement (Monitronics International Inc)

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Landlord’s Repairs. Landlord shall be responsible, at its expense, only for the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls occasioned by the act or omission of Tenant, or its agents, employees, guests or invitees shall be the responsibility of Tenant. The term "walls" as used in this Paragraph 8 shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, . Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after alter which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Avanex Corp), Commercial Lease Agreement (Avanex Corp)

Landlord’s Repairs. Landlord shall be responsible, at its expense, only for maintain the exterior and structural soundness portions of the roofPremises, foundation including the foundation, floor slab, roof and exterior walls of the Building. Any repair to the roofcurtain walls, foundation or exterior walls occasioned in good repair, reasonable wear and tear and uninsured losses and damages caused by the act or omission of Tenant, or its agents, servants, employees, guests or invitees and contractors excluded. Losses and damages caused by Tenant, its agents, servants, employees, invitees and contractors shall be repaired by Landlord, to the extent not covered by insurance, at Tenant's sole Net Single-Tenant Laboratory 10505 Roselle Street/Protarch, Inc. - Page 9 cost and expense. Landlord shall have no responsibility or liability for any maintenance, repair or interruption of Tenant. The term "walls" as used in this Paragraph 8 shall not include windowsUtility services from any cause whatsoever, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect to any defects, repairs or maintenance for all of which Landlord is responsible at its expense under this Lease shall be limited Tenant's responsibility pursuant to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbingSection 14 hereof. Tenant shall immediately promptly give Landlord written notice of defects or need for repairsany repair required by Landlord pursuant to this Section, after which Landlord shall have a reasonable opportunity to repair same or cure effect such defectrepair. Landlord shall not be required liable for any failure to make any repairs or to perform any covenant maintenance unless such failure shall persist for an unreasonable time after Tenant's written notice of the need for such repairs or obligation maintenance. Tenant waives it rights under any state or local law 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 solely as set forth herein. Repairs required as the result of this Leasefire, earthquake, flood, vandalism, war, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which damage or destruction shall be controlled by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcomeSection 18.

Appears in 1 contract

Samples: Lease Agreement (SGX Pharmaceuticals, Inc.)

Landlord’s Repairs. (A) Landlord shall be responsibleshall, at its sole cost and expense, only for ------------------ cure any latent defects in or to the structural soundness Entire Premises during the Lease or renewal of the roofLease. (B) Landlord shall, foundation at its sole cost and expense, maintain in good working order and repair throughout the Term: all the exterior walls portions and structural elements of the Building. Any repair Demised Premises or the building of which the Demised Premises is a part and the appurtenances thereto and any improvements outside of the Demised Premises erected by Landlord for Tenant, including but not limited to the roof, foundation or exterior roof structures and supports, foundations and structural supports, walls occasioned by (except interior painting), termite and dry rot protection, floors (excepting floor covering) and mechanical equipment and conduits embedded in the act or omission of Tenantfloors, or its agentsgutters, employeesdownspouts, guests or invitees shall be the responsibility of Tenant. The term "walls" as used in this Paragraph 8 shall not include windowsstreets, glass or plate glassparking lot, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping curbs and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defectsidewalks. Landlord shall also maintain in good order and repair throughout the Term the utility lines servicing the Demised Premises to the extent not maintained by public utility companies, and the electrical, sprinkler, plumbing and sewer systems and other mechanical installations and facilities that are installed in the building by or for Landlord or that are installed in other parts of Entire Premises by or for Landlord to service the building. If the Demised Premises has a sprinkler system, then Landlord shall, at Landlord's cost, cause the sprinkler system serving the Demised Premises to be constantly monitored to make certain water is not flowing from the system and the tamper switch on the valve of the sprinkler system is open. Landlord shall keep Tenant informed of the name, address and telephone number of the person or company performing the monitoring. Landlord shall also make and pay for all other repairs to the interior of the Demised Premises necessitated by (i) Landlord's failure to make any repairs required to perform any covenant or obligation of this Leaseit hereunder, or be liable (ii) defective workmanship or materials in damages the construction as it existed immediately prior to Tenant, so long as the performance or non-performance Commencement Date of the covenant Demised Premises or obligation is delayed, caused by, or prevented by an act of God or force majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts other improvements outside of the public enemyDemised Premises erected by Landlord for Tenant. Landlord specifically agrees to repair any and all damage caused by settling, wars, insurrections and any other similar cause not reasonably within expansion or contraction of the control of Landlord, and which by building and/or the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome.land underneath the building,

Appears in 1 contract

Samples: Lease Agreement (West Marine Inc)

Landlord’s Repairs. Landlord shall be responsiblekeep and maintain in a good commercially reasonable condition, at its expensesimilar to the condition of Comparable Buildings (as defined in Section 8.b. of this Lease), only for promptly making all necessary repairs and replacements to, the parking areas and other Common Areas of the Project, including but not limited to the truck courts, designated trailer areas, driveways, alleys, landscape and grounds surrounding the Project, the utility lines, sub-foundation or underground utilities, roof, downspouts and gutters, skylights, foundation, concrete floors (but excluding floor coverings and non-structural damage to the floors) and the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roofbuilding in good repair, foundation or exterior walls occasioned by the act or omission of Tenant, or its agents, employees, guests or invitees shall be the responsibility of Tenantreasonable wear and tear excepted. The term "walls" as used in this Paragraph 8 herein shall not include windows, glass or plate glass, interior doors, special store fronts, dock bumpers, dock plates or dock levelers or office entries entries. Notwithstanding the foregoing, Landlord shall not be required to repair or maintain those items for which Tenant is expressly responsible under the terms of this Lease. The cost of such maintenance and repair shall be included in Operating Expenses to the extent permitted by Paragraph 4 above. Landlord, at its own cost and expense, shall prior to the Commencement Date, exterminate the exterior doorsof the Premises for pests. Tenant shall immediately give Landlord written notice of defect or need for repairs for which Landlord is responsible, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance ExpensesNotwithstanding the foregoing, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice repair and pay for any damage to any of defects the foregoing or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation other portion of this Leasethe Project caused by Tenant, or be liable in damages to Tenant's employees, so long as the performance agents or non-performance of the covenant or obligation is delayed, caused byinvitees, or prevented caused by an act of God or force majeureTenant's default hereunder. An "act of God" or "force majeure" is defined for purposes The repair provisions of this Lease as strikes, lockouts, sitsupercedes the effect of O.C.G.A. 44-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome7-13.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Landlord’s Repairs. Landlord shall be responsible, at its expense, only for the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls occasioned by the act or omission of Tenant, or its agents, employees, guests or invitees shall be the responsibility shallobe bility ofnsibility of Tenant. The term "walls" as used in this Paragraph 8 shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome.

Appears in 1 contract

Samples: Commercial Lease Agreement (Graham Field Health Products Inc)

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Landlord’s Repairs. Landlord Subject to the provisions of Xxxxxxxxx 00, Xxxxxxxx shall be responsible, at its expense, only for keep and maintain the structural soundness of the exterior roof, foundation structural elements and exterior walls of the Building. Any Building in good order and repair, and shall repair any differential settlement caused by soils condition (unless such differential settlement results from excessive loads placed on the Premises by tenant), Landlord shall not, however, be required to maintain, repair or replace the roofinterior surface of exterior walls, foundation nor shall Landlord be required to maintain, repair or exterior walls occasioned by the act or omission of Tenant, or its agents, employees, guests or invitees shall be the responsibility of Tenant. The term "walls" as used in this Paragraph 8 shall not include replace windows, glass doors, skylights or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect Landlord shall have no obligation to any defects, make repairs or maintenance under this Subparagraph 10.A until a reasonable time after receipt of written notice from Tenant of the need for such repairs. Landlord shall be deemed to have made repairs within a reasonable time if it commences the repair within five (5) business days after receipt of such notice from Tenant and thereafter diligently pursues the repair to completion (except in the case of emergency for which Landlord is responsible at its expense under this Lease shall be limited to commence the repair immediately). Tenant shall reimburse Landlord, as Additional Rent, within fifteen (15) days after receipt of billing, for the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance which are the obligation of common areas and parking areasLandlord hereunder, exterior paintingprovided, and common sewage line plumbing. however, that Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant reimburse Landlord for the cost of maintenance and repairs of the structural elements of the Building unless such maintenance or obligation repair is required because of this Leasethe negligence or willful misconduct of Tenant or its employees, agents, or be liable in damages to Tenantinvitees. As used herein, so long as the performance or non-performance term "structural elements of the covenant or obligation is delayedBuilding" shall mean and be limited to the foundation, caused byfootings, or prevented by an act of God or force majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikesfloor slab (but not flooring), lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlordstructural walls, and which by the exercise of due diligence Landlord is unable, wholly roof structure (but not roofing or in part, to prevent or overcomeroof membrane).

Appears in 1 contract

Samples: Lease Agreement (Oplink Communications Inc)

Landlord’s Repairs. Landlord shall be responsible, at its expense, only for the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls walls, occasioned by the act or omission of Tenant, or its agents, employees, guests or invitees shall be the responsibility of Tenant. The term "walls" as used in this Paragraph 8 shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same some or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenanttenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome.

Appears in 1 contract

Samples: Lease Agreement (Monitronics International Inc)

Landlord’s Repairs. Landlord shall be responsibleLandlord, during the lease term shall, at its expense, only for shall be obligated to repair and maintain the following, unless such repairs are necessitated by the negligence of or misuse by Tenant: the roof; all structural soundness components of the roofDemised Premises, foundation including the bay doors and exterior walls of the Building. Any repair to the roof, foundation air conditioning units or exterior walls occasioned systems initially added by the act or omission of Tenant, or its agents, employees, guests or invitees shall be the responsibility of Tenant. The term "walls" as used in this Paragraph 8 shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping ; pipes and maintenance of common areas and plumbing; electrical service; sewage facilities; driveways; parking areas, paved areas and sidewalks; foundations, floors and sub-floor; and exterior painting, and common sewage line plumbingwalls. Tenant shall immediately give Landlord written notice of defects or need for repairsany needed repairs that are the obligation of the Landlord. Landlord, after which Landlord shall have at Landlord's sole cost and expense, shall, within a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation time after the signing of this Lease, repair the floors in the areas outlined in the attached Exhibit B. Said repairs are to be done during normal business hours minimizing the inconvenience to the Tenant's activities, and proper precautions shall be taken to minimize dust and dirt from the repair process. Landlord, at Landlord's sole cost and expense shall continue to repair, replace, and maintain the floors in a good and workable condition, provided such repair or be liable in damages maintenance is not due to the misuse or abuse by Tenant, so long as its employees, agents, contractors or sub-contractors. Landlord shall immediately repair the performance or nonlight-performance post located at the southwest corner of the covenant building and paint the exterior or obligation is delayedthe building. TENANT'S REPAIRS - Tenant shall, caused byduring the Lease Term at its expense, maintain and repair all interior components of the Demised Premises, the ventilation and air conditioning units or prevented systems added by an act of God Tenant. Tenant further agrees that Tenant shall repair all damages or force majeure. An "act of God" injury done to or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sit-downs, material on the Demised Premises by Tenant or labor restrictions by any governmental authorityperson, riotsother than Landlord or Landlord's agents, floodsservants, washoutsemployees, explosionsinvitees, earthquakeslicensees, fireand contractors, storms, acts at its expense. Tenant agrees at the expiration of the public enemy, wars, insurrections and any other similar cause not reasonably within Lease Term or upon the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in partearlier termination thereof, to prevent or overcomesurrender the Demised Premises in good condition and repair, reasonable wear and casualty excepted.

Appears in 1 contract

Samples: Lease Agreement (Parlux Fragrances Inc)

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