Duty to Repair. Lessor agrees that if TCAC, its nominee, or its successor-in-interest succeeds to Xxxxxx's Leasehold interest in the Property and if the Development shall have been or becomes materially damaged before or after the date of such acquisition, TCAC’s, its nominee's, or its successor-in-interest's obligation, if any, to repair, replace or reconstruct the Development shall in any such event be limited to the greater of: i) the amount of the net insurance proceeds received by TCAC, its nominee, or its successor-in-interest by reason of that damage or ii) the amount TCAC, its nominee, or its successor-in-interest would be entitled to if in compliance with the minimum insurance requirements of Lessee under the Lease. However, if the damage or loss is not corrected and constitutes a breach of the Lease or New Lease, Lessor may exercise its rights under Section 5.
Duty to Repair. If the Premises or any buildings or structures of which the Premises are a part are damaged by fire, the elements, earthquake, accident or other casualty (collectively, “Casualty”), the Port shall, except to the extent either party has the right to terminate this Lease under Section 12.2, use reasonable efforts to repair and restore the Premises and/or the buildings or structures of which the Premises are a part to substantially their former condition to the extent permitted by then-applicable Legal Requirements; provided, however, the Port’s obligation to repair and restore shall not extend to any Alterations or any of Lessee’s personal property, specifically including that which Lessee retains ownership of under
Duty to Repair. Lessee shall promptly notify UTA’s designated representative of the following conditions: malfunction of utilities or equipment, fire damage, water leaks, mold, electrical problems, broken or missing locks or latches, and any condition which poses a material hazard to the Premises or the health or safety of persons. The Lessee is required to give written notice in accordance with the Notice requirements of this Lease specifying such conditions as a prerequisite to any rights and remedies under law. Lessee shall be responsible to pay for damages resulting from failure to promptly report any such conditions. The duty of UTA to remedy or repair conditions affecting the physical health or safety of an ordinary tenant is governed by Texas Property Code Section 92.052 et. seq. UTA may turn off equipment and interrupt utilities as needed to avoid property damage or perform repair and maintenance work to the Premises. UTA shall act with reasonable diligence in making repairs and reconnections and Rent shall not xxxxx during any period of repair, except as otherwise agreed by UTA in writing.
Duty to Repair. The University will remedy or repair conditions materially affecting the physical health or safety of a resident in accordance with applicable Texas laws. You are required to give written notice to University Housing, specifying such conditions, as a prerequisite to all rights and remedies under the law.
Duty to Repair. Owner shall at all times keep, maintain and repair the Property and all Housing Units and common areas in the Development in a safe, sanitary and habitable condition, and shall maintain all electrical, water, gas, sewage, heating, air conditioning, fire, safety and other systems in the Development in good working order at all times. If the Development, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, Owner will use its best efforts to repair and restore the Development to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Development in accordance with the terms of the Code, the QAP and this Agreement.
Duty to Repair. Lessee shall be liable for and required to make any repairs, perform any maintenance, and satisfy any claims with respect to the Project, including the Premises, that are required by, related to, or which arise from or grow out of negligence, fault, misfeasance or malfeasance of Lessee, its employees, agents, invitees, licensees or customers, unless Lessor shall elect by written notice to Lessee to make such repairs, perform such maintenance or satisfy such claims, in which event Lessee shall repay to Lessor the cost thereof (plus an additional charge of 15%) within three days of Lessor’s written demand.
Duty to Repair. Any PROW, Public Property or private property that is disturbed or damaged during, or as a result of, the construction, reconstruction, repair, replacement, removal, relocation, operation or maintenance of any WCFs by Company or its agents or contractors shall be promptly repaired by Company at its sole expense.
Duty to Repair. If the Project or any other improvement at any time on the Premises shall be damaged or destroyed by any cause whatsoever during the Term of this Agreement, Tenant shall, with reasonable promptness, repair and replace the same at its own expense, to a condition reasonably comparable to the condition existing immediately prior to the damage or destruction, but except for matters governed by ARTICLE 13 (Repair and Maintenance), only to the extent the proceeds of any insurance policies covering the loss are sufficient to reimburse Tenant therefor; provided, however, that if the proceeds of insurance are more than sufficient to pay the cost of the rebuilding, Tenant shall be entitled to retain that surplus.
Duty to Repair. Except as otherwise provided in this ARTICLE 11, if the MOB or any part thereof shall be damaged or destroyed by any casualty or cause whatsoever, Tenant shall promptly give written notice thereof to Landlord, and Tenant shall, at its sole cost and expense, and whether or not any insurance proceeds are available or sufficient for such purpose, restore, repair, or rebuild the MOB to the condition and value prior to such damage or destruction. Alternatively, Tenant may, at its election, remove any damaged or destroyed portion of the MOB and replace said portion with new improvements that are Class A Medical Office Properties, substantially similar to the MOB in size and function, and are approved in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall commence removal and reconstruction, repair, restoration, or rebuilding of the damaged or destroyed portion upon the earlier of (a) sixty (60) days after the occurrence of such damage or destruction, or (b) the issuance of any permits necessary for such repairs (and Tenant shall diligently seek to obtain all such necessary permits as promptly as reasonably possible), and thereafter Tenant shall diligently pursue the same to completion; provided that if the damage is so extensive that Tenant is required to obtain engineering or architectural plans to make such repairs, the foregoing time frames shall be reasonably extended to allow for the same, so long as Tenant diligently seeks to obtain such plans as promptly as reasonably possible. All repair, restoration, or reconstruction must be undertaken in accordance with the terms and provisions of Section 9.3 and under such other terms as Landlord may reasonably require. Notwithstanding the foregoing, in the event that during the last three (3) years of the Term, the MOB are damaged or destroyed by fire, theft or other casualty, through no fault of Tenant, so that it cannot be repaired or restored as required herein at a cost not more than fifty percent (50%) of the replacement cost of the MOB, then Tenant shall have the option of clearing and demolishing or leaving the MOB in a safe, clean and sightly condition reasonably satisfactory to Landlord, and after such action, terminating this Lease by giving at least sixty (60) days’ prior written notice to Landlord. In the event of any such termination, Tenant shall pay to Landlord all net insurance proceeds after the required activities for removing the MOB as set fort...
Duty to Repair. The APPLICANT shall repair any damage caused to the public right-of-way arising from the APPLICANT's use of the public right-of-way pursuant to the permit. APPLICANT does hereby recognize having responsibility for maintenance of the permitted improvements regardless of notification from the CITY. In the event maintenance of the improvements are required, the City shall serve written notice on the APPLICANT and provide the APPLICANT with no less than five (5) days to effect such repairs, provided, however, that in the event there exists a condition creating an imminent danger to public health, safety and welfare, the CITY may cause the repairs to be completed without notice in a manner consistent with minimum City of Tampa standards for public transportation facilities in the right of way. Furthermore, in the event the APPLICANT fails to timely complete required repairs to the satisfaction of the public transportation facilities in the right of way. APPLICANT does hereby expressly acknowledge that in the event the CITY conducts repairs pursuant to the provisions herein, the CITY shall not be required to replace any decorative or alternative materials in the public right of way.
