Common use of Damaged or Defective Systems Clause in Contracts

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware of any alleged damage to, or defective condition in any part or appurtenance of the Building’s sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s negligence and/or willful misconduct or the negligence and/or willful misconduct of Landlord’s agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 2 contracts

Samples: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)

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Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) business hours of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing throughthrotigh, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directorsdireetors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 2 contracts

Samples: Office Lease (Platinum Studios, Inc.), Improvement Construction Agreement (Platinum Studios, Inc.)

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) hours of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 1 contract

Samples: Office Lease (Stan Lee Media Inc)

Damaged or Defective Systems. Tenant shall give written prompt notice to Landlord after Xxxxxx Tenant becomes aware of any alleged damage to, or defective condition in any part or appurtenance of the Building’s sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in and to the case extent of Landlord’s negligence and/or willful misconduct or the negligence and/or willful misconduct that of Landlord’s its agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 1 contract

Samples: Office Lease (ReachLocal Inc)

Damaged or Defective Systems. Tenant shall give written prompt notice to Landlord after Xxxxxx becomes aware Tenant acquires actual knowledge of any alleged damage to, or defective condition in any part or appurtenance of the Building’s sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 1 contract

Samples: Office Lease (National Mercantile Bancorp)

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Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) hours of any alleged damage to, or Or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 1 contract

Samples: Office Lease (Cytrx Corp)

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) hours of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 1 contract

Samples: Office Lease (Harvey Entertainment Co)

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx Tenant becomes aware of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless:

Appears in 1 contract

Samples: Office Lease (BioSig Technologies, Inc.)

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