Common use of Landlord’s Warranty Clause in Contracts

Landlord’s Warranty. In addition to (and not in lieu of) Landlord's obligations under the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner and in accordance with all Applicable Laws (hereinafter defined). Without limitation, Landlord represents, warrants and covenants that upon the Commencement Date, the Improvements will comply with all Applicable Laws including, without limitation, all laws governing non-discrimination in public accommodations and commercial facilities, including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder. Landlord further warrants that the Improvements will be free from defects in workmanship and materials for a period of one (1) year after the date of Substantial Completion. If, at any time during such warranty period, any of the workmanship or material used in the construction of the Improvements are determined to be defective, and Tenant shall, within the warranty period, so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expense, as promptly as reasonably possible and in such manner so as to minimize any interference with Tenant in its operations in and about the Leased Premises. If Landlord fails to correct any such defect within fifteen (15) days after receipt of written notice from Tenant, or such longer period as is reasonably required, then Tenant may (but shall not be obligated to) correct such defect and Landlord shall reimburse Tenant for the actual cost thereof. Landlord's liability for breach of any covenant, representation or warranty set forth in this subparagraph shall finally and automatically expire on the first (1st) anniversary of the Commencement Date.

Landlord’s Warranty. In addition Notwithstanding anything set forth in this Lease to (and not in lieu of) Landlord's obligations under the contrary, upon the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner and in accordance with all Applicable Laws (hereinafter defined). Without limitation, Landlord represents, warrants and covenants that upon the Commencement Date, the Improvements will comply Base Building, as that term is defined in Section 8.2 of this Lease, shall be in good working condition and repair, and Landlord hereby covenants that the Base Building shall be in good working condition pursuant to the terms and conditions of this Section 1.1.1. Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.4), repair or replace any failed or inoperable portion of such Base Building ("Landlord's Warranty"), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence (collectively, "Tenant Damage") of Tenant, its subtenants and/or assignees, if any, or any company which it acquired, sold or merged with all Applicable Laws includingTenant, without limitationor any Tenant Parties, all laws governing non-discrimination as that term is defined in public accommodations and Section 10.1, below, or by any modifications, Alterations, as that term is defined in Section 8.1 below, or improvements (including the Tenant Improvements) constructed by or on behalf of Tenant. Landlord's Warranty shall not be deemed to require Landlord to replace any portion of any Base Building, as opposed to repair such portion of such Base Building, unless prudent commercial facilities, including, without limitation, the requirements property management practices dictate replacement rather than repair of the Americans with Disabilities Act and all regulations thereunderitem in question. To the extent repairs which Landlord further warrants is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. If it is determined that the Improvements will Base Building (or any portion thereof) was not in good working condition and repair as of the Lease Commencement Date, Landlord shall not be free from defects in workmanship default under this Lease, but Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and materials repair, and shall thereafter diligently pursue the same to completion. The obligation of Landlord under this Section 1.1.1.1 and Landlord's Warranty shall be in place for a period of one twelve (112) year after months following the date of Substantial Completion. If, at Lease Commencement Date and shall relate to any time matter that is in existence during such warranty twelve month period, any of the workmanship or material used in the construction of the Improvements are determined to be defective, and Tenant shall, within the warranty period, so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expense, as promptly as reasonably possible and in such manner so as to minimize any interference with Tenant in its operations in and about the Leased Premises. If Landlord fails to correct any such defect within fifteen (15) days after receipt of written notice from Tenant, or such longer period as is reasonably required, then Tenant may (but shall not be obligated to) correct such defect and Landlord shall reimburse Tenant for the actual cost thereof. Landlord's liability for breach of any covenant, representation or warranty set forth in this subparagraph shall finally and automatically expire on the first (1st) anniversary of the Commencement Date.

Landlord’s Warranty. In addition Landlord hereby warrants and represents to Tenant that the Landlord’s TI Work shall be performed: (and not in lieu ofi) Landlord's obligations under the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner manner, free of all defects in materials and workmanship; (ii) in all material respects, in accordance with the Approved Construction Documents, and (iii) in accordance with all Applicable Laws (hereinafter defined)applicable Laws. Without limitation, The Landlord represents, warrants warranty and covenants that upon the Commencement Date, the Improvements will comply with all Applicable Laws including, without limitation, all laws governing non-discrimination in public accommodations and commercial facilities, including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder. Landlord further warrants that the Improvements will be free from defects in workmanship and materials for a period of one (1) year after the date of Substantial Completion. If, at any time during such warranty period, any of the workmanship or material used in the construction of the Improvements are determined to be defective, and Tenant shall, within the warranty period, so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expense, as promptly as reasonably possible and in such manner so as to minimize any interference with Tenant in its operations in and about the Leased Premises. If Landlord fails to correct any such defect within fifteen (15) days after receipt of written notice from Tenant, or such longer period as is reasonably required, then Tenant may (but shall not be obligated to) correct such defect and Landlord shall reimburse Tenant for the actual cost thereof. Landlord's liability for breach of any covenant, representation or warranty representations set forth in this subparagraph Section 4.8 are referred to herein as “Landlord’s Warranty”. If, on or before the Warranty Expiration Date (as hereafter 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 any case, Tenant shall finally and automatically expire on have given notice to Landlord, as aforesaid. The “Warranty Expiration Date” shall be defined as the first date twelve (1st12) anniversary of months after the Commencement Date. Except to the extent to which Tenant has given Landlord notice that Landlord has breached Landlord’s Warranty, Tenant shall be deemed conclusively to have: (i) approved the Landlord’s TI 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 under this Exhibit D. The provisions of this Section 4.8 set forth the Tenant’s sole remedies for any breach of the Landlord’s Warranty; provided, however nothing in this Section 4.8 shall be deemed to relieve the Landlord of its responsibilities to perform maintenance and repairs as required pursuant to Section 7.2 of the Lease.

Landlord’s Warranty. In addition Landlord hereby warrants and represents to Tenant that Landlord’s Work shall be performed: (and not in lieu ofi) Landlord's obligations under the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner manner; (ii) in all material respects, in accordance with the Plans and Specifications, and (iii) in accordance with all Applicable Laws (hereinafter defined)applicable Legal Requirements. Without limitationThe Landlord warranty and representations set forth in this Section 8 are referred to herein as “Landlord’s Warranty”. If, on or before the Warranty Expiration Date, Tenant gives Landlord written notice of any breach of Landlord’s Warranty promptly after Tenant becomes aware of such breach, Landlord representsshall, warrants at no cost to Tenant, correct or repair such breach as soon as conditions reasonably permit and covenants that upon as to which, in either case, Tenant shall have given notice to Landlord, as aforesaid. The “Warranty Expiration Date” shall be defined as the Commencement Date, the Improvements will comply with all Applicable Laws including, without limitation, all laws governing non-discrimination in public accommodations and commercial facilities, including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder. Landlord further warrants that the Improvements will be free from defects in workmanship and materials for a period of date one (1) year after the date Substantial Completion Date. Except to the extent to which Tenant shall have given Landlord notice of Substantial Completion. Ifrespects in which Landlord has breached Landlord’s Warranty or Landlord has otherwise failed to perform Landlord’s construction obligations under this Exhibit C, at Tenant shall be deemed conclusively to have: (x) approved Landlord’s Work, (y) waived any time during such warranty periodclaim that Landlord has breached Landlord’s Warranty, and (z) agreed that Tenant has no claim that Landlord has failed to perform any of Landlord’s obligations under this Work Letter. The provisions of this Section 8 sets forth the workmanship or material used in the construction Tenant’s sole and exclusive remedies for any breach of the Improvements are determined to be defective, and Tenant shall, within the warranty period, so notify Landlord Landlord’s Warranty; however nothing in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement this Section 8 shall be performed by Landlord, at Landlord's expense, deemed to relieve Landlord of its responsibilities to perform maintenance and repairs as promptly as reasonably possible and in such manner so as required pursuant to minimize any interference with Tenant in its operations in and about the Leased Premises. If Landlord fails to correct any such defect within fifteen (15) days after receipt of written notice from Tenant, or such longer period as is reasonably required, then Tenant may (but shall not be obligated to) correct such defect and Landlord shall reimburse Tenant for the actual cost thereof. Landlord's liability for breach of any covenant, representation or warranty set forth in this subparagraph shall finally and automatically expire on the first (1st) anniversary Section 6.1 of the Commencement DateLease. No cost incurred by Landlord pursuant to this Section 8 shall be included in Operating Expenses.

Landlord’s Warranty. In addition Landlord hereby warrants and represents to Tenant that Landlord’s Work shall be performed: (and not in lieu ofi) Landlord's obligations under the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner manner; (ii) in all material respects, in accordance with the Base Building Plans and Specifications, and (iii) in accordance with all Applicable Laws (hereinafter defined)applicable Legal Requirements. Without limitation, The Landlord represents, warrants warranty and covenants that upon the Commencement Date, the Improvements will comply with all Applicable Laws including, without limitation, all laws governing non-discrimination in public accommodations and commercial facilities, including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder. Landlord further warrants that the Improvements will be free from defects in workmanship and materials for a period of one (1) year after the date of Substantial Completion. If, at any time during such warranty period, any of the workmanship or material used in the construction of the Improvements are determined to be defective, and Tenant shall, within the warranty period, so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expense, as promptly as reasonably possible and in such manner so as to minimize any interference with Tenant in its operations in and about the Leased Premises. If Landlord fails to correct any such defect within fifteen (15) days after receipt of written notice from Tenant, or such longer period as is reasonably required, then Tenant may (but shall not be obligated to) correct such defect and Landlord shall reimburse Tenant for the actual cost thereof. Landlord's liability for breach of any covenant, representation or warranty representations set forth in this subparagraph Section I.J are referred to herein as “Landlord’s Warranty”. If, on or before the Warranty Expiration Date, Tenant gives Landlord written notice of any breach of Landlord’s Warranty, 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 finally and automatically expire on have given notice to Landlord, as aforesaid. Tenant shall give Landlord notice of any alleged breach promptly after Tenant becomes aware of such breach. The “Warranty Expiration Date” shall be defined as the first date twelve (1st12) anniversary of 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 or Landlord has otherwise failed to perform Landlord’s construction obligations under this Exhibit 2.1, Tenant shall be deemed conclusively to have: (x) approved Landlord’s Work, (y) waived any claim that Landlord has breached Landlord’s Warranty, and (z) have agreed that Tenant has no claim that Landlord has failed to perform any of Landlord’s obligations under this Work Agreement. The provisions of this Section I.J set forth the Tenant’s sole and exclusive remedies for any breach of the Landlord’s Warranty; however nothing in this Section I.J shall be deemed to relieve Landlord of its responsibilities to perform maintenance and repairs and ensure compliance with Legal Requirements, in each case as required pursuant to Section 8.1 of the Lease. No cost incurred by Landlord pursuant to this Section I.J shall be included in Operating Expenses.

Landlord’s Warranty. In addition Landlord hereby agrees to (and not in lieu of) will assign to Tenant at the termination of Landlord's obligations under Extended Warranty Period (as defined below), to the extent they are assignable, any and all written warranties and guarantees from Landlord's contractors, subcontractors and suppliers of any materials and labor to the Leased Premises for that portion, if any, of the Lease with respect Term that such warranties and guarantees are in effect. With regard to repairsany new construction performed by Landlord for the benefit of Tenant pursuant to Paragraph I.B. of this Lease, Landlord covenants hereby warrants ("Landlord's Initial Warranty") to construct the Improvements in a good and workmanlike manner and in accordance with all Applicable Laws (hereinafter defined). Without limitation, Tenant that Landlord represents, warrants and covenants that upon the Commencement Date, the Improvements will comply with all Applicable Laws including, without limitation, all laws governing non-discrimination in public accommodations and commercial facilities, including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder. Landlord further warrants that the Improvements will be free from defects in workmanship and materials responsible for a period ("Landlord's Initial Warranty Period") of one (1) year after from the date on which the Leased Premises are ready for Tenant's occupancy to repair or to have repaired all defects in such construction, to the extent such defects are not caused by the negligence of Substantial Completion. If, at any time during such warranty period, Tenant or any of its agents, servants, employees or contractors (in which event such defects will be repaired at Tenant's sole cost). Landlord further warrants ("Landlord's Extended Warranty") to Tenant that Landlord will be responsible for the workmanship one (1) year period immediately succeeding the Initial Warranty Period (the "Extended Warranty Period") to repair or material used to have repaired all latent defects in such construction (i.e., all defects that were not patent during the construction Initial Warranty Period) , to the extent such defects are not caused by the negligence of Tenant or any of its agents, servants, employees or contractors (in which event such defects will be repaired at Tenant's sole cost). To the extent that Landlord is obligated to make repairs pursuant to Landlord's Initial Warranty or Extended Warranty, Tenant will be relieved during Landlord's Initial Warranty Period and Extended Warranty Period, as applicable, of the Improvements are determined obligations imposed upon it pursuant to be defective, and Tenant shall, within the warranty period, so notify Landlord in writing that this Lease to make or pay for such workmanship or material is defective, Landlord shall cause such defective workmanship or material repairs to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expense, as promptly as reasonably possible and in such manner so as to minimize any interference with Tenant in its operations in and about the Leased Premises. If Tenant agrees to and will give Landlord fails to correct prompt notice of the need for any such defect within fifteen (15) days after receipt of written notice from repairs to the extent actually known to Tenant, recognizing that Tenant shall have no obligation to inspect or search for any such longer period as is reasonably required, then Tenant may (but shall not be obligated to) correct such defect and Landlord shall reimburse Tenant for the actual cost thereof. Landlord's liability for breach of any covenant, representation or warranty set forth in this subparagraph shall finally and automatically expire on the first (1st) anniversary of the Commencement Datedefects.

Landlord’s Warranty. In addition to (and not in lieu of) Landlord's obligations under Upon the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner and in accordance with all Applicable Laws (hereinafter defined). Without limitation, Landlord represents, warrants and covenants that upon the Commencement Date, the Improvements will comply with all Applicable Laws includingBuilding Systems (as that term is defined in Section 7.2, without limitation, all laws governing non-discrimination in public accommodations below) and commercial facilities, including, without limitation, the requirements roof (including roof membrane) of the Americans with Disabilities Act Building (the “Warrantied Improvements”) shall be in good working order, condition and all regulations thereunderrepair (collectively, “Good Working Order”) and Landlord hereby covenants that the Warrantied Improvements shall remain in Good Working Order for the period (the “Warranty Period”) commencing on the Lease Commencement Date and continuing until the [* * *] anniversary of the Lease Commencement Date. Landlord further warrants that the Improvements will be free from defects in workmanship and materials for a period of one (1) year after the date of Substantial Completion. If, at any time during such warranty period, any of the workmanship or material used in the construction of the Improvements are determined to be defective, and Tenant shall, within the warranty period, so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expensesole cost and expense (which shall not be deemed an Operating Expense, as promptly as reasonably possible and that term is defined in Section 4.2.4 below), repair or replace any portion of such manner so as Warrantied Improvements which is not in Good Working Order during such Warranty Period (“Landlord’s [* * *] Warranty”), provided that the need to minimize any interference with Tenant in its operations in and about repair or replace was not caused by (A) the Leased Premises. If Landlord fails to correct any such defect within fifteen (15) days after receipt misuse, misconduct, damage, destruction, omissions, and/or negligence of written notice from Tenant, its subtenants and/or assignees, if any (collectively, “Tenant Damage”), or (B) any modifications, Alterations or other improvements constructed by or on behalf of Tenant (collectively, “Tenant Modification”). Landlord’s [* * *] Warranty shall neither (i) be deemed to require Landlord to replace any portion of any Warrantied Improvements, as opposed to repair such longer period as portion of such Warrantied Improvements, unless such portion of the Warrantied Improvements cannot be repaired, nor (ii) extend to the costs of normal and customary preventive maintenance relating to the Warrantied Improvements (the responsibility and cost for which will be handled in accordance with other provisions of this Lease). To the extent repairs which Landlord is reasonably requiredrequired to make pursuant to this Section 1.1.4 are necessitated by Tenant Damage or Tenant Modification, then Tenant may shall reimburse Landlord for the cost of such repair (but provided that if such repairs are necessitated in part by Tenant Damage or Tenant Modification, then Tenant shall reimburse Landlord for an equitable portion of the cost of such repair). If it is determined that the Warrantied Improvements are not then in Good Working Order prior to the [* * *] anniversary of the Lease Commencement Date, then Landlord shall not be obligated to) correct such defect and Landlord shall reimburse liable to Tenant for any damages, but, as Tenant's sole remedy, Landlord, at no cost to Tenant (subject to any repair or replacement necessitated by Tenant Damage or Tenant Modification), shall promptly commence such work or take such other action as may be necessary to place the actual cost thereof. Landlord's liability for breach of any covenantsame in Good Working Order, representation or warranty set forth in this subparagraph and shall finally thereafter diligently and automatically expire on continuously pursue the first (1st) anniversary of the Commencement Datesame to completion.

Landlord’s Warranty. In addition to (and not in lieu of) Landlord's obligations under Notwithstanding the foregoing, upon the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner and in accordance with all Applicable Laws (hereinafter defined). Without limitation, Landlord represents, warrants and covenants that upon the Commencement Date, the Improvements will comply with all Applicable Laws includingBuilding Systems shall be in good working condition and repair and the Building Structure shall be in good condition and repair, without limitation, all laws governing non-discrimination in public accommodations and commercial facilities, including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder. Landlord further warrants hereby covenants that the Improvements will be free from defects Building Systems shall remain in workmanship good working condition and materials repair and the Building Structure shall remain in good condition and repair for a period of one twelve (112) year after months following the date Lease Commencement Date (the "Landlord Warranty Period"), subject to the TCCs of Substantial Completionthis Section 7.5, below. If, at any time during such warranty period, any of the workmanship or material used in the construction of the Improvements are determined to be defective, and Tenant Landlord shall, within the warranty period, so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expense, as promptly as reasonably possible sole cost and in such manner so as to minimize any interference with Tenant in its operations in and about the Leased Premises. If Landlord fails to correct any such defect within fifteen expense (15) days after receipt of written notice from Tenant, or such longer period as is reasonably required, then Tenant may (but which shall not be obligated to) correct deemed an Operating Expense), repair or replace any failed or inoperable portion of such defect and Building Systems or Building Structure during such Landlord shall reimburse Warranty Period ("Landlord's Warranty"), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, negligence and/or failure to comply with this Lease of Tenant for the actual cost thereofor any Tenant Parties, or by any modifications, Alterations or Improvements (collectively, "Tenant Damage"). Landlord's liability for breach Warranty shall not be deemed to require Landlord to replace any portion of any covenantthe Base Building, representation or warranty as opposed to repair such portion of the Base Building, unless prudent commercial property management practices dictate replacement rather than repair of the item in question. To the extent repairs which Landlord is required to make pursuant to this Section 7.5 are necessitated in part by Tenant Damage, then, subject to the waiver of subrogation set forth in Section 10.3.2.4, the costs shall be included in Operating Expenses. If it is determined that the Base Building failed to comply with the terms of this subparagraph shall finally and automatically expire on the first (1st) anniversary Section 7.5 as of the Lease Commencement Date, Landlord shall not be liable to Tenant for any damages, but as Tenant's sole remedy, Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repair, and shall thereafter diligently pursue the same to completion.

Landlord’s Warranty. In addition to (and not in lieu of) Landlord's obligations under the Lease with respect to repairs, Landlord covenants to construct the Improvements in a good and workmanlike manner and in accordance with all Applicable Laws (hereinafter defined). Without limitation, Landlord represents, warrants and covenants that upon the Commencement Date, the Improvements will comply with all Applicable Laws including, without limitation, all laws governing non-discrimination in public accommodations and commercial facilities, including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder. Landlord further warrants that the Improvements will be free from defects in workmanship and materials for a period of one (1) year after the date of Substantial Completion. If, at any time during such warranty period, any of the workmanship or material used in the construction of the Improvements are determined to be defective, and Tenant shall, within the warranty period, so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be EXHIBIT 10.43 corrected, repaired, or replaced in a manner reasonably acceptable to both Landlord and Tenant. Such correction, repair, or replacement shall be performed by Landlord, at Landlord's expense, as promptly as reasonably possible and in such manner so as to minimize any interference with Tenant in its operations in and about the Leased Premises. If Landlord fails to correct any such defect within fifteen (15) days after receipt of written notice from Tenant, or such longer period as is reasonably required, then Tenant may (but shall not be obligated to) correct such defect and Landlord shall reimburse Tenant for the actual cost thereof. Landlord's liability for breach of any covenant, representation or warranty set forth in this subparagraph shall finally and automatically expire on the first (1st) anniversary of the Commencement Date.