Common use of Damage to Systems Clause in Contracts

Damage to Systems. If any part of the mechanical, electrical or ------------------ other systems in the Premises (e.g., HVAC, life safety or automatic fire extinguisher/sprinkler system) shall be damaged by Tenant or its employees, agents, contractors, subcontractors or invitees, during the performance of the Work, Tenant shall notify Landlord of such damage and promptly cause the necessary repairs to be made with contractors reasonably acceptable to Landlord, provided if Tenant fails to cause such damage to be repaired within the ten (10) day period following the occurrence of such damage (or, if the nature of such damage is such that more than ten (10) days is required to complete the repair, then if Tenant fails to commence such repairs within such ten (10) day period and thereafter diligently prosecute such repair to completion), then Landlord may elect to commence (or complete) such repairs at Tenant's expense. There shall be no abatement of Rent during such period of repair, whether such repairs are performed by Tenant or Landlord. Landlord may also at any reasonable time make any repairs or alterations which Landlord deems reasonably necessary for the safety or protection of the Project, or which Landlord is required to make by any court or pursuant to any Governmental Requirement. The cost of any repairs made by Landlord on account of Tenant's default beyond the expiration of any applicable notice and cure periods, or on account of the misuse or neglect by Tenant or its invitees, contractors or agents anywhere in the Project, shall become Additional Rent payable by Tenant on demand and in no event later than within twenty (20) days of Tenant's receipt of Landlord's invoice for the same.

Damage to Systems. If any part of the mechanical, electrical or ------------------ other systems in the Premises (e.g., HVAC, life safety or automatic fire extinguisher/sprinkler system) shall be damaged by Tenant or its employees, agents, contractors, subcontractors or invitees, during the performance of the Workdamaged, Tenant shall promptly notify Landlord of such damage and promptly cause the necessary repairs to be made with contractors reasonably acceptable to Landlord, provided if Tenant fails to cause and Landlord shall repair such damage to be repaired within the ten (10) day period following the occurrence of such damage (or, if the nature of such damage is such that more than ten (10) days is required to complete the repair, then if Tenant fails to commence such repairs within such ten (10) day period and thereafter diligently prosecute such repair to completion), then Landlord may elect to commence (or complete) such repairs at Tenant's expense. There shall be no abatement of Rent during such period of repair, whether such repairs are performed by Tenant or Landlorddamage. Landlord may also at any reasonable time make any repairs or alterations which Landlord deems reasonably necessary for the safety or protection of the Project, or which Landlord is required to make by any court or pursuant to any Governmental Legal Requirement. Landlord shall use reasonable efforts to cause any such work to be carried out in a manner so as not to interfere unreasonably with the conduct of Tenant's business in the Premises; provided, however, Landlord shall not be required to perform any such work at times other than during ordinary business hours, except that, other than in an emergency situation, Tenant may require any such work in the Premises to be done after business hours if Tenant pays Landlord for overtime and any other additional expenses incurred to perform such work after business hours. Except in the case of an emergency, Landlord shall consult with Tenant regarding the scheduling for such work and, subject to the preceding sentence, shall adhere to Tenant's reasonable scheduling requests. Tenant shall at its expense make all other repairs necessary to keep the Premises, and Tenant's fixtures and personal property, in good order, condition and repair; to the extent Tenant fails to do so, Landlord may make such repairs itself. The cost of any repairs made by Landlord on account of Tenant's default beyond the expiration of any applicable notice and cure periodsdefault, or on account of the misuse mis-use or neglect by Tenant or its invitees, contractors or agents anywhere in the Project, shall become Additional Rent payable by Tenant on demand and in no event later than within twenty (20) days of Tenant's receipt of Landlord's invoice for the samedemand.

Damage to Systems. If any part of the mechanical, electrical or ------------------ other systems in the Premises (e.g., HVAC, life safety or automatic fire extinguisher/sprinkler system) shall be damaged by Tenant or its employees, agents, contractors, subcontractors or invitees, during the performance of the Workdamaged, Tenant shall promptly notify Landlord, and Landlord shall promptly commence, and diligently pursue the repair of such damage and promptly cause the necessary repairs to be made with contractors reasonably acceptable to Landlord, provided if Tenant fails to cause such damage to be repaired within the ten (10) day period following the occurrence of such damage (or, if the nature of such damage is such that more than ten (10) days is required to complete the repair, then if Tenant fails to commence such repairs within such ten (10) day period and thereafter diligently prosecute such repair to completion), then Landlord may elect to commence (or complete) such repairs at Tenant's expense. There shall be no abatement of Rent during such period of repair, whether such repairs are performed by Tenant or Landlorduntil completed. Landlord may also at any reasonable time make any repairs or alterations which Landlord deems reasonably necessary for the safety or protection of the Project, or which Landlord is required to make by any court or pursuant to any Governmental Requirement. Tenant shall at its expense make all other repairs necessary to keep the Premises, and Tenant's fixtures and personal property, in good order, condition and repair; to the extent Tenant fails to do so, Landlord may make such repairs itself. The cost of any repairs made by Landlord on account of Tenant's default beyond the expiration of any applicable notice and cure periodsdefault, or on account of the misuse mis-use or neglect by Tenant or its invitees, contractors or agents anywhere in the Project, or its invitees within the Premises, shall become Additional Rent payable by Tenant on demand demand. Notwithstanding any provision set forth in this Lease to the contrary, if Tenant provides written notice (or oral notice in the event of an emergency such as damage or destruction to or of any portion of the Building and/or the Building systems and/or anything that could cause material disruption to Tenant's business) to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance, and Landlord fails to provide such action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in no any event not later than within twenty seven (207) days after receipt of such notice, then Tenant may proceed to take the required action upon delivery of an additional three (3) business days' notice to Landlord specifying that Tenant is taking such required action (provided, however, that neither of the notices shall be required in the event of an emergency which threatens life or where there is imminent danger to property), and if such action was required under the terms of the Lease to be taken by Landlord and was not taken by Landlord within such ten (10) day period (unless such notice was not required as provided above), then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant's receipt reasonable costs and expenses in taking such action plus interest thereon at the default interest rate (described in Section 2D(2)), plus any abatement of Landlord's invoice for Rent otherwise available pursuant to Section 4F. Subject to the samereasonable security requirements of any other tenant in the Buildings and the Project, Landlord agrees that Tenant shall have access to the Buildings and Building systems and the Project, to the extent reasonably necessary to perform the work contemplated by this provision.