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Landlord’s Repairs
Landlord’s Repairs contract clause examples
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Landlords Repairs. Landlord shall, in accordance with the Maintenance Standard (as defined below), maintain the following: # as an Operating Expense (subject to the provisions of Section 5), exterior glass, caulking, tuck pointing, brick repair, Building façade, repair or replacement of roof membrane, exterior portions of the Building, landscaping, and parking areas (both surface and the Parking Garage), including snow and ice removal from the parking areas and sidewalks, and # at Landlords expense and not as an Operating Expense, the repair or replacement of the roof, foundation, slab, and structural walls of the Building, correction of defects in the original construction of the Building, any repair or replacement to the extent covered under any warranties of Landlords contractors or vendors, and of any damage to the Premises caused by the gross negligence or willful misconduct of Landlord or its employees. Losses and damages caused by Tenant, or by any of Tenants agents, servants, employees, invitees, and contractors (collectively, “Tenant Parties”), shall be repaired by Landlord, to the extent not covered by insurance, at Tenants sole cost and expense. Landlord reserves the right to stop Building Systems (as defined in [Section 14(a)]) services when necessary by reason of accident or emergency. Except as otherwise expressly provided in this Lease, Landlord shall have no responsibility or liability to supply Building Systems services during any such period of interruption; provided, however, that Landlord shall # 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 # use all commercially reasonable efforts to minimize the extent and duration of such stoppage (including, where practicable, performing any such maintenance, repairs, alterations, or improvements at times and in manner that will minimize any stoppage of Building Systems services during normal business hours). Tenant waives its rights under any Legal Requirement to terminate this Lease or to make such repairs at Landlords 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 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/[[Address B:Address]] market of comparable size and age, reasonable wear and tear excepted, and in compliance with all applicable Legal Requirements.

Landlords Repairs. Landlord, as an Operating Expense, shall maintain all of the structural, exterior, parking and other Common Areas of the Project, including HVAC, plumbing, fire sprinklers, elevators and all other building systems serving the Premises and other portions of the Project (“Building Systems”), in good repair, reasonable wear and tear and uninsured losses and damages caused by Tenant, or by any of Tenants assignees, sublessees, licensees, agents, servants, employees, invitees and contractors (or any of Tenants assignees, sublessees and/or licensees respective agents, servants, employees, invitees and contractors) (collectively, “Tenant Parties”) excluded. Losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, to the extent not covered by insurance, at Tenants sole cost and expense. Landlord reserves the right to stop Building Systems services when necessary # by reason of accident or emergency, or # for planned repairs, alterations or improvements, which are, in the judgment of Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of interruption; provided, however, that Landlord shall, except in case of emergency, shall give not less than Tenant 24 hours’ advance notice of any planned stoppage of Building Systems services for routine maintenance, repairs, alterations or improvements. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section, after which Landlord shall make a commercially reasonable effort to effect such repair. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after Tenants written notice of the need for such repairs or maintenance. Tenant waives its rights under any state or local law to terminate this Lease or, except as otherwise set forth in Section 31 with respect to Tenants self-help rights, to make such repairs at Landlords 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 fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction shall be controlled by Section 18.

Landlords Repairs. Landlord, as an Operating Expense (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), shall maintain all of the structural, exterior, parking and other Common Areas of the Project, including HVAC, plumbing, fire sprinklers, fire risers, elevators and all other building systems serving the Premises and other portions of the Project (“Building Systems”), all in good repair, reasonable wear and tear and uninsured losses and damages (except to the extent Landlord fails to maintain the insurance required to be maintained by Landlord pursuant to [Section 17] hereof and such losses or damages would have been insured losses or expenses under such insurance had Landlord not failed to maintain such insurance) caused by Tenant, or by any of Tenants assignees, sublessees, licensees, agents, servants, employees, invitees and contractors (or any of Tenants assignees, sublessees and/or licensees respective agents, servants, employees, invitees and contractors) (collectively, “Tenant Parties”) excluded. Subject to the provisions of the penultimate paragraph of [Section 17], losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, to the extent not covered by insurance that Landlord is required to maintain pursuant to [Section 17], at Tenants sole cost and expense. Landlord reserves the right to stop Building Systems services when necessary # by reason of accident or emergency, or # for planned repairs, alterations or improvements, which are, in the judgment of Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of interruption; provided, however, that Landlord shall, except in case of emergency, make a commercially reasonable effort to give Tenant 24 hours advance notice of any planned stoppage of Building Systems

Landlords Repairs. Landlord, as an Operating Expense, shall maintain all of the structural, exterior, parking and other Common Areas of the Project, including HVAC, plumbing, fire sprinklers, elevators and all other building systems serving the Premises and other portions of the Project (“Building Systems”), in good repair, reasonable wear and tear and uninsured losses and damages caused by Tenant, or by any of Tenants assignees, sublessees, licensees, agents, servants, employees, invitees and contractors (or any of Tenants assignees, sublessees and/or licensees respective agents, servants, employees, invitees and contractors) (collectively, “Tenant Parties”) excluded. Losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, to the extent not covered by insurance, at Tenants sole cost and expense. Landlord reserves the right to stop Building Systems 45/47 Wiggins – Suites 100 & 200/Stoke - Page 13

Landlords Repairs. Landlord shall, at Landlord's sole expense (and not as an Operating Expense), be responsible for capital repairs and replacements of the roof (not including the roof membrane), the floor slab of the basement of the Building, exterior walls, structural columns and structural components of load bearing walls), and foundation of the Building (“Structural Items”), unless the need for such repairs or replacements is caused by Tenant or any Tenant Parties, in which case Tenant shall bear the full cost to repair or replace such Structural Items (subject to the provisions of Section 17). Landlord shall (with all related costs included as an Operating Expense, subject to the provisions of the immediately preceding sentence and Section 5) be responsible for the routine maintenance and repair of such Structural Items, and maintain, repair and replace the roof membrane, the building façade, the floor slabs (other than the basement floor slabs), the utility lines serving the Building (to the extent not the responsibility of the utility company), and all of the exterior, parking and other Common Areas of the Project, including HVAC, electrical, plumbing, fire sprinklers, life safety, and all other building systems serving the Premises and other portions of the Project (“Building Systems”), all in good repair, reasonable wear and tear and, subject to the provisions of Section 17, damages caused by Tenant, or by any of Tenant, or by any of Tenants assignees, sublessees, licensees, agents, servants, employees, invitees and contractors (or any of Tenants assignees, sublessees and/or licensees respective agents, servants, employees, invitees and contractors) (collectively, “Tenant Parties”) excluded. For the avoidance of doubt, Landlord shall (with all related costs included as an Operating Expense subject to the provisions of Section 5) be responsible for the maintenance and repair of the existing elevator in the Building as of the Effective Date and the new elevator to be constructed as part of Landlords Work. Landlord shall (with all related costs included as an Operating Expense subject to the provisions of Section 5) maintain or engage third party venders to maintain the Utility infrastructure. Losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, to the extent not covered by insurance, at Tenants sole cost and expense. Landlord reserves the right to stop Building Systems services when necessary, for reasonable periods # by reason of accident or emergency, or # for planned repairs, alterations or improvements, which are, in the judgment of Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Except as set forth in Section 11(b), Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of interruption; provided, however, that Landlord shall, except in case of emergency, # give Tenant reasonable prior notice, which shall be at least 48 hours advance notice of any planned stoppage of Building Systems services for routine maintenance, repairs, alterations or improvements and # use reasonable efforts to minimize any inconvenience imposed on Tenant resulting from any act by Landlord pursuant to this Section 13. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 13 of which Tenant becomes aware after which Landlord shall affect such repair. Landlord shall not be in default or otherwise liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for 30 days or such longer period as is reasonable required after Tenants written notice of the need for such repairs or maintenance. Tenant waives its rights under any state or local law to terminate this Lease or to make such repairs at Landlords 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 fire, earthquake, flood, hurricane, sinkhole, tornado, vandalism, war, or similar cause of damage or destruction shall be controlled by Section 18. In connection with undertaking any repairs and maintenance by Landlord, Landlord shall use reasonable efforts not to unreasonably interfere with Tenants access to the Premises.

Landlords Repairs. Landlord shall also have the right to take all material into the Premises that may be required for the purposes set forth in the foregoing Section 16.01 without the same constituting a constructive eviction of Tenant, in whole or in part, and Rent shall not abate (except as provided in Article 12) while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Subject to Section 16.01, if Tenant shall not be personally present to open and permit entry into the Premises, at any time, when for any reason entry therein shall be necessary or desirable, Landlord or Landlords agents may enter the Premises by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlords agents shall accord reasonable care to Tenants property), and without in any manner affecting the obligations and covenants of this Lease.

Landlords Repairs. Landlord shall, in accordance with the Maintenance Standard (as defined below), maintain the following: # as an Operating Expense (subject to the provisions of Section

Landlords Access; Showing Premises; Repairs. Landlord and Landlords agents shall have the right to enter the Premises at any time, in the case of an emergency, and otherwise at reasonable times for the purpose of: # showing the same to prospective purchasers, lenders, or lessees; # making such alterations, repairs, improvements or additions to the Premises as Landlord may deem necessary, so long as they do not interfere with Tenants business or use of the Premises; or, # any other reason as Landlord shall deem necessary. All such activities shall be without abatement of rent or liability to Tenant. Landlord may at any time place on the Premises any ordinary “For Sale” signs and Landlord may during the last nine (9) months of the term hereof place on the Premises any ordinary “For Lease” signs.

Repairs. Subject to Section 11, Tenant, at its expense, shall perform all maintenance and repairs (including replacements) to the Premises, and keep the Premises in as good condition and repair as existed when Tenant took possession and as thereafter improved, except for reasonable wear and tear and repairs that are Landlords express responsibility hereunder. Tenants maintenance and repair obligations shall include # all leasehold improvements in the Premises, including any Tenant Improvements, any Alterations (defined in [Section 7.2]), and any leasehold improvements installed pursuant to any prior lease (the “Leasehold Improvements”), but excluding the Base Building; # any Supplemental Systems serving the Premises, whether located inside or outside of the Premises; and # all Lines (defined in [Section 23]) and trade fixtures. Notwithstanding the foregoing, if a Default (defined in [Section 19.1]) or an emergency exists, Landlord may, at its option, perform such maintenance and repairs on Tenants behalf, in which case Tenant shall pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 5% of such cost. Landlord shall perform all maintenance and repairs to # the roof and exterior walls and windows of the Building, # the Base Building, and # the Common Areas.

Repairs. Except as otherwise expressly provided herein, Landlord shall, as part of Operating Costs, to the extent permitted, make such maintenance, repairs and replacements to the roof, exterior walls, floor slabs and other structural components of the Building, and to the common areas and facilities of the Complex and all base building hot water, HVAC and life safety systems (including fire and other life safety systems) as may be necessary to keep them in good order, repair and condition (exclusive of equipment installed by Tenant and except for those repairs required to be made by Tenant pursuant to [Subsection 6.1.3] hereof. Tenant hereby waives any and all rights under and benefits of [subsection 1] of [Section 1932] and Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

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