Common use of Damaged or Defective Systems Clause in Contracts

Damaged or Defective Systems. Tenant shall give written notice to Landlord after 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 Landlord shall not be liable to Tenant for any failure thereof, nor shall Tenant 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. If such damage or defective condition was caused by, or is attributed to, a Tenant Change or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: a) the cost of the remedy thereof shall be paid by Tenant as Additional Rent pursuant to the provisions of Section 4.3; b) in no event shall Tenant be entitled to any abatement of rent as specified above; and c) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Tenant becomes aware prompt notice of any alleged damage to, or defective condition in in, any part or appurtenance of the Building’s 's sanitary, electrical, HVAC heating, air conditioning, ventilating or other systems serving, located in, in or passing through, the Premises. Provided that , and 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; provided, however, that if such damage or defective condition (other than any such damage with respect to which Tenant is relieved from liability pursuant to Section 12.2) was caused by, or is attributed to, Tenant Changes or the unreasonable or improper use of such system by Tenant or its employees, licensees or invitees, the cost of the remedy thereof shall be paid by Tenant upon demand. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but Landlord Tenant shall not be liable to Tenant for any failure thereof, nor shall Tenant be entitled to claim any damages arising from any such damage or defective condition nor unless the same shall have been caused by the negligence of Landlord in the operation or maintenance of the Premises or the Building and the same shall not have been remedied by Landlord with reasonable diligence after notice thereof by Tenant to Landlord; and Tenant shall not be entitled to claim any eviction by reason of any such damage or defective condition. If such damage condition unless the same shall have been caused by the negligence of Landlord in the operation or defective condition was caused by, or is attributed to, a Tenant Change maintenance of the Premises or the unreasonable or improper use of such system(s) Building and shall have rendered the Premises untenantable and the Premises shall not have been made tenantable by Landlord within a reasonable time after notice thereof by Tenant or its employees, licensees or invitees: a) the cost of the remedy thereof shall be paid by Tenant as Additional Rent pursuant to the provisions of Section 4.3; b) in no event shall Tenant be entitled to any abatement of rent as specified above; and c) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.

Damaged or Defective Systems. Tenant shall give prompt written notice to Landlord after 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; provided however, that in the event of (i) an emergency, or (ii) the imminent material interference with Tenant's business operations in the Premises, Landlord shall endeavor to effect such repairs or remedies as soon as commercially practicable. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair. Except as expressly provided otherwise in this Lease, but Landlord Tenant shall not be liable to Tenant for any failure thereof, nor shall Tenant 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. If Furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: a) the cost of the remedy thereof shall be paid by Tenant as Additional Rent pursuant to the provisions of Section 4.3; b) in no event shall Tenant be entitled to any abatement of rent (except as specified aboveexpressly provided otherwise in Section 8.9); and c) Tenant shall be estopped from making any claim for damages arising out of Landlord’s 's repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after 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 diligenceas soon as reasonably practicable. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but subject to the express provisions of Section 8.9 in the event of an Abatement Event, Landlord shall not be liable to Tenant for any failure thereof, nor shall Tenant 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. If such damage or defective condition was caused by, or is attributed to, a Tenant Change or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: a) the cost of the remedy thereof shall be paid by Tenant as Additional Rent pursuant to the provisions of Section 4.3; b) in no event shall Tenant be entitled to any abatement of rent as specified above; and c) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.