Common use of Action by Landlord if Tenant Fails to Maintain Clause in Contracts

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.1, 12.2, 12.3 and 12.4 to the reasonable satisfaction of Landlord, Landlord, at any time following 10 business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand therefor. Moreover, Tenant’s failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 4 contracts

Samples: Lease Agreement (BioMed Realty Trust Inc), Lease Agreement (Human Genome Sciences Inc), Lease Agreement (BioMed Realty Trust Inc)

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Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain (or commence and pursue the process of repairing or maintaining) the Premises as required by Sections 12.1, 12.2, 12.3 and 12.4 hereunder to the reasonable satisfaction of Landlord, Landlord, at any time following 10 ten (10) business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand therefor. Moreover, Tenant’s failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 3 contracts

Samples: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.1, 12.2, 12.3 and 12.4 hereunder to the reasonable satisfaction of Landlord, Landlord, at any time following 10 ten (10) business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s 's merchandise, fixtures or other personal property, or to Tenant’s 's business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord Landlord, as Landlord Additional Rent Rent, Landlord’s 's costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand therefor. Moreover, Tenant’s 's failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 2 contracts

Samples: Lease Agreement (Innovative Industrial Properties Inc), Purchase and Sale Agreement (Innovative Industrial Properties Inc)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain (or commence and pursue the process of repairing or maintaining) the Premises as required by Sections 12.1, 12.2, 12.3 and 12.4 hereunder to the reasonable satisfaction of Landlord, Landlord, at any time following 10 ten (10) business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s 's merchandise, fixtures or other personal property, or to Tenant’s 's business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s 's costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand therefor. Moreover, Tenant’s 's failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 2 contracts

Samples: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.1, 12.2, 12.3 12.3, 12.4, and 12.4 Article 32 to the reasonable satisfaction of Landlord, Landlord, at any time following 10 business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand therefor. Moreover, Tenant’s failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 2 contracts

Samples: Lease Agreement (BioMed Realty Trust Inc), Lease Agreement (Human Genome Sciences Inc)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.1, 12.2, 12.3 and 12.4 hereunder to the reasonable satisfaction of Landlord, Landlord, at any time following 10 ten (10) business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand therefor. Moreover, Tenant’s failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 2 contracts

Samples: Lease Agreement (Vireo Health International, Inc.), Lease Agreement (Vireo Health International, Inc.)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.112.3, 12.212.4, 12.3 and 12.4 12.5, or 12.6 to the reasonable satisfaction of Landlord, Landlord, at any time following 10 business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof, other than due to Landlord’s gross negligence or willful misconduct) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand thereforherefore. If Tenant refuses or neglects to comply with Section 12.7, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the cost thereof. Moreover, Tenant’s failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (NPS Pharmaceuticals Inc)

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Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.1, 12.2, 12.3 and 12.4 hereunder to the reasonable satisfaction of Landlord, Landlord, at any time following 10 business thirty (30) days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance maintenance, (without liability to Tenant for any loss or damage which may occur to Tenant’s 's merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof) , and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s 's costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand therefor. Moreover, Tenant’s 's failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Innovative Industrial Properties Inc)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.1, 12.2, 12.3 12.3, 12.4, 12.5, 12.6 and 12.4 12.7 to the reasonable satisfaction of Landlord, Landlord, at any time following 10 business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenancemaintenance (or immediately without notice in the event of an emergency), may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s 's merchandise, fixtures or other personal property, or to Tenant’s 's business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s 's costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand thereforherefore. Moreover, Tenant’s 's failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Cel Sci Corp)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.111.1, 12.211.2, 12.3 11.3 and 12.4 11.4 to the reasonable satisfaction of Landlord, Landlord, at any time following 10 business days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance with qualified and experienced contractors (without liability to Tenant for any loss or damage which may occur to Tenant’s merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord upon demand thereforherefore. Moreover, Tenant’s failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Isis Pharmaceuticals Inc)

Action by Landlord if Tenant Fails to Maintain. If Tenant refuses or neglects to repair or maintain the Premises as required by Sections 12.111.1, 12.211.2, 12.3 11.3 and 12.4 11.4 to the reasonable satisfaction of Landlord, Landlord, at any time following 10 business fifteen (15) days from the date on which Landlord shall make written demand on Tenant to affect such repair or maintenance, may, but shall not have the obligation to, make such repair and/or maintenance (without liability to Tenant for any loss or damage which may occur to Tenant’s merchandise, fixtures or other personal property, or to Tenant’s business by reason thereof) and upon completion thereof, Tenant shall pay to Landlord as Landlord Additional Rent Landlord’s costs for making such repairs, plus interest at the Default Rate from the date of expenditure by Landlord ten percent (10%) per annum upon demand therefor. Moreover, Tenant’s failure to pay any of the charges in connection with the performance of its maintenance and repair obligations under this Lease will constitute a material default under the Lease.

Appears in 1 contract

Samples: Triple Net Industrial Lease (Iris International Inc)

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