Common use of Lessor’s Maintenance Obligations Clause in Contracts

Lessor’s Maintenance Obligations. Notwithstanding anything to the contrary contained in this Lease, subject to the provisions of this Lease with respect to damage and destruction, indemnity and condemnation and except for damage caused by the act or omission of Lessee or Lessee's employees, agents, contractors or invitees for which Lessee shall be entirely responsible, Lessor shall keep the foundation, roof and structural portions of the exterior walls of the improvements in the Premises in good order, condition and repair; provided, however, Lessor shall not be obligated to maintain or repair windows, doors, plate glass or the surface of the walls; provided, further, however, Lessee shall be responsible for the first One Thousand Dollars ($1,000.00) of roof repairs annually on a cumulative basis from the Start Date. Lessor shall not be obligated to make any repairs hereunder until a reasonable time after receipt of a written notice from Lessee of the need for such repairs. Notwithstanding anything to the contrary contained in this Paragraph 11, in the event Lessor installs a new roof on the Premises during the Term, Lessee shall thereafter be responsible, at its sole cost and expense, for all repairs, maintenance and replacement of such roof during the Term, including any extension thereof, and to keep such roof in good condition and repair provided the installation of the new roof is performed by a roofing contractor reasonably approved, in advance, by Lessee. Lessor acknowledges that Lessee in the normal course of its operations will require roof penetrations and agrees to such penetrations provided that such work will be performed and completed pursuant to specifications of a professional roof consultant mutually approved by Lessor and Lessee, that such work will not shorten the normal remaining useful life of the roof, that Lessee restores the Premises to its original condition upon the expiration or earlier termination of this Lease and otherwise pursuant to the provisions of this Lease.

Lessor’s Maintenance Obligations. Notwithstanding anything to Lessor shall maintain and repair the contrary contained structural portions of the building (including foundations, the exterior walls and roof) and the mechanical, electrical and plumbing systems of the building and the building common areas of the property in this Leasegood and sanitary order and condition. If, subject to the provisions of this Lease with respect to damage and destructionhowever, indemnity and condemnation and except for damage caused by the act or omission of Lessee or Lessee's any of its agents, employees, agents, contractors or invitees negligently or willfully cause any damage to the Premises, the building or the property which is not covered by insurance actually maintained or required to be maintained by Lessor hereunder, Lessor may arrange for which the repair of all such damage, and Lessee shall be entirely responsiblereimburse Lessor for the cost of such repairs within ten (10) days after presentation of a copy of the repair bill. Lessor shall have no obligation to paint, repair or replace wall coverings, floor coverings or window coverings or to repair or replace any improvements within the interior of the Premises. Lessee hereby waives all right Lessee may have to make repairs at the expense of Lessor pursuant to Sections 1941 and 1942 of the Civil Code of the State of shall restore the Premises, the building or the property to substantially the same condition as they were in immediately before destruction; provided, however: (1) That if Lessor reasonably estimates the time required for restoration will exceed one hundred twenty (120) days from date building permits are obtained for such restoration of destruction, either party shall have the right to terminate the Lease upon thirty (30) days advance written notice given to the other within thirty (30) days after the giving of Lessor's Notice; (2) That if the cost of restoration exceeds twenty percent (20%) of the then replacement value of the Premises, the building or the property destroyed, Lessor shall keep may elect to terminate this Lease by giving notice to Lessee within thirty (30) days after determining the foundation, roof restoration cost and structural portions of the exterior walls of the improvements in the Premises in good order, condition and repairreplacement value; provided, however, that in the case of destruction to the Premises only, if Lessor elects to terminate this Lease then Lessee, within fifteen (15) days after receiving Lessor's notice to terminate, may elect to pay to Lessor, at the time Lessee notifies Lessor of its election, the difference between ten percent (10%) of the then replacement value of the Premises and the actual cost of restoration, in which case Lessor shall restore the Premises, Lessor's notice to terminate shall be ineffective, and Lessor shall give Lessee satisfactory evidence that all sums contributed by ▇▇▇▇▇▇ as provided in this paragraph have been expended by Lessor in paying the cost of restoration; (3) That if existing laws do not permit restoration, either party may terminate this Lease immediately by giving written notice to the other party; and (4) That Lessor shall not be obligated required to maintain or repair windowsrestore alterations made by ▇▇▇▇▇▇, doors▇▇▇▇▇▇'s improvements, plate glass or the surface of the walls; provided, further, however, Lessee shall be responsible for the first One Thousand Dollars ($1,000.00) of roof repairs annually on a cumulative basis from the Start Date. Lessor shall not be obligated to make any repairs hereunder until a reasonable time after receipt of a written notice from Lessee of the need for such repairs. Notwithstanding anything to the contrary contained in this Paragraph 11, in the event Lessor installs a new roof on the Premises during the Term, Lessee shall thereafter be responsible, at its sole cost and expense, for all repairs, maintenance and replacement of such roof during the Term, including any extension thereof▇▇▇▇▇▇'s trade fixtures, and ▇▇▇▇▇▇'s personal property, such excluded items being the sole responsibility of Lessee to keep such roof in good condition and repair provided the installation of the new roof is performed by a roofing contractor reasonably approved, in advance, by Lessee. Lessor acknowledges that Lessee in the normal course of its operations will require roof penetrations and agrees to such penetrations provided that such work will be performed and completed pursuant to specifications of a professional roof consultant mutually approved by Lessor and Lessee, that such work will not shorten the normal remaining useful life of the roof, that Lessee restores the Premises to its original condition upon the expiration or earlier termination of this Lease and otherwise pursuant to the provisions of this Leaserestore.