Common use of Repair and Maintenance Obligations Clause in Contracts

Repair and Maintenance Obligations. Landlord shall maintain, replace and repair as necessary in Landlord’s discretion the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall in good condition and repair and in compliance with all Legal Requirements and consistent with a first-class, mixed use retail and commercial center. Tenant, at Tenant’s expense, shall properly maintain the Premises and the fixtures, systems, equipment and appurtenances therein to the extent such systems service only the Premises, and make all non-structural repairs thereto and replacements thereof as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 11 and 12. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, Building Systems, or to its fixtures, equipment and appurtenances of the Building, caused by or resulting from negligence, omission, neglect or improper conduct of, or Alterations made by Tenant or any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If, after fifteen (15) days notice, Tenant fails to proceed with due diligence to make such repairs, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after delivery of an invoice therefor together with appropriate evidence of such costs and expenses.

Repair and Maintenance Obligations. Landlord Landlord, at its expense, shall maintain, replace and repair as necessary in Landlord’s discretion the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall maintain in good condition and repair make all necessary repairs to the roof (excluding any roof penetrations made by Tenant), the foundation and the structural members of the exterior walls of the Building and the Premises and any other structural portions of the Building and the Premises so as to keep the same in good condition and repair. The terms “roof” and “walls” shall not include skylights, windows, glass or plate glass, doors, special store fronts or office entries. If Landlord, in its reasonable discretion, determines any repairs which Landlord would otherwise be required to make pursuant to this Section 4.01 are necessitated by the negligent acts or omissions of Tenant, its agents, employees, or invitees, and such repairs would not be covered by the insurance required to be maintained by Landlord under this Lease, the cost of such repairs shall be paid solely by Tenant to Landlord upon demand. Except as otherwise specifically provided for herein, Tenant, at its sole expense, shall maintain the interior, non-structural Premises in good condition and repair, other than reasonable wear and tear, damage by fire or other casualty or condemnation, maintenance, repairs and replacements which Landlord is required to make hereunder, and damage caused by Landlord, its employees, agents, representatives and contractors or due to Landlord’s failure to perform its obligations hereunder excepted, and in compliance with all the Legal Requirements and consistent with a first-class(subject to Section 3.02 above) . Except for the repairs specified to be performed by Landlord in this Section 4.01, mixed use retail and commercial center. Tenant, at Tenant’s expense, Tenant shall properly maintain make all repairs to the Premises and all replacements to components of the fixturesPremises which must be replaced during the Term (including, without limitation, the truck doors, docks, mechanical systems, equipment sprinkler systems and appurtenances therein to the extent such systems service only HVAC system exclusively serving the Premises, and make all non-structural repairs thereto and replacements thereof as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 11 and 12. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, Building Systems, or to its fixtures, equipment and appurtenances of the Building, caused by or resulting from negligence, omission, neglect or improper conduct of, or Alterations made by Tenant or any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s PropertyEXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR HEREIN, TENANT ACKNOWLEDGES THAT LANDLORD IS NOT OBLIGATED TO MAKE ANY REPAIRS OR PROVIDE ANY SERVICES WHATSOEVER TO THE PREMISES OR TO REPLACE ANY COMPONENT OF THE PREMISES. All of such repairs shall be of quality or class equal to the original work or construction. If, after fifteen (15) days notice, Tenant fails to proceed with due diligence to make such repairs, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after delivery of an invoice therefor together with appropriate evidence of such costs and expensesTENANT SPECIFICALLY ACKNOWLEDGES THAT LANDLORD IS NOT OBLIGATED TO PROVIDE SECURITY FOR THE PREMISES.