Structural Maintenance Clause Samples

Structural Maintenance. (a) The Lessee is responsible for all structural repairs and maintenance of the Lessee’s Building and Fixtures in accordance with this Lease; and (b) The Lessor is responsible for all structural repairs and maintenance of the Lessor’s Fixtures.

Structural Maintenance. Effective March 1, 2011 and notwithstanding anything to the contrary in Paragraph 11.A above, (i) Landlord shall repair, including replacement related to, damage to the structural shell, foundation, roof structure and roof membrane (provided Landlord replaces the entire roof membrane) (but not the interior improvements or glazing) of the Building leased hereunder at Landlord’s cost; however, Landlord shall amortize the cost of such repairs or replacements not covered by an insured peril using an interest rate equal to the higher of (i) Landlord’s annual borrowing rate per annum or (ii) the prime rate of interest plus one per annum over the useful economic life of such repairs or replacements as determined by Landlord in its reasonable discretion in accordance with GAAP (“Amortized Cost”) and Tenant shall pay its Proportionate Share of said Amortized Cost monthly as Additional Rent over the term remaining in the Lease subject to Paragraph 50 of the Lease, plus Tenant’s Proportionate Share of the insurance deductible (if such damage is the result of an insured peril); provided Tenant has not caused such damage, in which event Tenant shall be responsible for one hundred percent (100%) of the insurance deductible and any such costs and expense not reimbursed to Landlord by insurance proceeds for repair and/or replacement or damage so caused by the Tenant and shall pay such amount to Landlord within thirty (30) days of the invoice date. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building for which Tenant is or is not responsible, or which is not life-threatening, shall not be considered material, and Landlord may elect, in its sole and absolute discretion, not to repair and/or replace the same; however, Landlord may require Tenant to repair and/or replace the same at Tenant’s sole cost and expense, within thirty days of written notice from Landlord, if Tenant is responsible for the repair and/or replacement. In the event the Term of the Lease is extended for any reason whatsoever, Tenant’s Proportionate Share of the Amortized Cost of the earlier repair and/or replacement cost shall be increased to include the additional amount ...

Structural Maintenance. Lessee shall not be responsible for maintenance and/or repair of the structural portion of the roof, foundation and bearing walls unless Lessee, or Lessee's invitees, causes damage.

Structural Maintenance. Landlord shall be solely responsible for and shall maintain in good condition order and repair the parking lot, paving, roof, foundation, windows, window casings, plate glass, gutters and down-spouts exterior walls, as well as the underground pipes and conduits located beyond the boundaries of the Premises, and the sprinkler system (provided that the system serves more than Tenant's Premises) and all other building systems and elevators servicing the Premises and other tenants in the Building; and Landlord shall make all repairs or replacements becoming necessary by reason of any structural defect in the Premises' provided, however, that Landlord shall not be required to make any repairs necessitated by reason of any act or omission by Tenant, its employees, agents, licensees, invitees or anyone entering the Premises by force, but if Landlord does make any such repairs, Tenant agrees to promptly, upon demand, reimburse Landlord for the full costs thereof. Absent the negligence or willful misconduct of Landlord, its agents, employees or contractors, no liability shall be imposed on the Landlord because of any personal injury or damage to personal property, or because of any interference with the services and facilities listed above, caused by accidents or repairs, riots, strikes, or any other reason beyond the control of the Landlord, and the Landlord shall be under no duty to restore any of such services and facilities or to make any of the repairs except after receipt of written notice from the Tenant of a need therefor, and there shall be a reasonable period of time within which the Landlord may make such repairs.

Structural Maintenance. 12.1 Customer can request Bloomy BV to perform Structural Maintenance. Bloomy BV is entitled to refuse such a request in situations including but not limited to instances in which the performance of Structural Maintenance could (adversely) impact other customers or the functionality of or compatibility with the Services, or is outside the scope of the Agreement. 12.2 If Structural Maintenance is performed at Customer's request, Bloomy BV may submit a quote to Customer. If Customer accepts the quote, the associated costs shall be invoiced to Customer in accordance with Article 4, with an itemization of the work performed. 12.3 Bloomy BV shall not be required to maintain, modify or add certain properties or functionalities specifically for Customer. 12.4 If the Services are found to be incompatible after Structural Maintenance, Bloomy BV shall undertake all reasonable efforts to offer additional support on a post-calculation basis. 12.5 Bloomy BV may require Customer to adapt its hardware, software, IT infrastructure, etc. if this is necessary for the proper functioning of a new version of the Services.

Structural Maintenance. Toronto shall be responsible for all Structural Maintenance of the Eglinton Bridge. Toronto will be financially responsible for one-third of the cost and Mississauga shall compensate Toronto for two-thirds of the incurred costs and Mississauga shall reimburse Toronto for such Structural Maintenance costs. This is based on the fact that Mississauga will be using four lanes (two for BRT and two for general traffic) and Toronto two lanes for general traffic. For any capital work exceeding $50,000.00, Toronto shall not perform such Structural Maintenance without prior written consent from Mississauga. If Mississauga withholds consent and Toronto is of the opinion that the work is needed, Toronto may proceed with the work at its own cost, and the issue of the necessity of the work shall be referred for resolution in accordance with section 9.1. If the work is determined to be necessary, within 30 days of such determination, Mississauga shall pay to Toronto its contribution for the work in accordance with section 4.3.

Structural Maintenance. (a) Landlord, at Landlord's sole cost, shall keep and maintain as necessary, the roof, exterior walls, structural or concrete flooring and structural portions of the Building in good condition and repair, ordinary wear and tear excepted, provided, that Tenant shall promptly repair any damage caused to the Building or the Leased Premises as a result of Tenant's acts or negligence or the acts or negligence of Tenant's employees, agents or visitors. (b) Tenant, at Tenant's sole cost, shall keep and maintain as necessary, all of the interior of the Leased Premises not maintained by Landlord under Paragraph 5.3(a), including the heating, ventilation, and cooling systems serving the Leased Premises, in good condition and repair, ordinary wear and tear excepted, provided that Landlord shall promptly repair any damage caused to the Leased Premises as a result of Landlord's acts or negligence or the acts or negligence of Landlord's employees, agents or visitors.

Structural Maintenance. The County hall provide or cause to be provided structural maintenance of the Terminal and shall provide or cause to be provided the washing of the exterior of all windows, if any, in the Leased Premises at periodic intervals, but not less than two (2) times per year.

Structural Maintenance. The Owner/Landlord shall, at its expense, keep the structural parts of the building in good repair including the exterior walls, roof, floor, foundation, and interior columns, except that the Owner/Landlord shall not be responsible for repairs caused by the fault or negligence of the Tenant, its employees, or invitees.