Common use of Failure to Maintain Clause in Contracts

Failure to Maintain. If any Owner fails to maintain the Easement Area Improvements or the Easement Areas substantially in accordance with standards and practices for managers of similar improvements (“Defaulting Owner”), any other Owner (“Maintaining Owner”) may notify the Defaulting Owner of its failure to perform its maintenance obligations hereunder, such notice to specifically set forth the maintenance which was not performed. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured within such period, the Defaulting Owner fails to commence to cure within such thirty (30) day period, or thereafter fails to diligently proceed to complete the cure), the Maintaining Owner shall have the right, but not the obligation to perform the maintenance necessary and/or assume responsibility for maintaining the applicable Easement Area Improvements or the Easement Areas pursuant to the terms of this Declaration. If the Maintaining Owner performs such maintenance and/or assumes the responsibility of the Defaulting Owner as provided herein, the Defaulting Owner shall be obligated to reimburse the Maintaining Owner for all expenses incurred in connection with such maintenance. The Maintaining Owner may deliver a xxxx (“Xxxx”) to the Defaulting Owner from time to time for costs incurred by performing such maintenance (“Maintenance Expenses”) plus a ten percent (10%) administrative fee. The Defaulting Owner shall reimburse the Maintaining Owner within ten (10) days of receipt of the Xxxx. All Maintenance Expenses not paid for when due shall bear interest at the Default Interest Rate. The remedies provided in this Section are in addition to other remedies pursuant to Article 4. Notwithstanding the foregoing, except in cases of an imminent threat of damage to persons or property or other emergency, a party shall not be entitled to exercise its self help remedies during the pendency of any arbitration proceedings involving the dispute in question pursuant to the arbitration provisions in Section 43.

Failure to Maintain. If any Owner Landlord fails to comply with any of its obligations under this Section 6, or fails to keep, repair and maintain the Easement Area Improvements Premises, the Building, and the Common Areas, including all plumbing, heating, air conditioning, electrical and mechanical devices, the roofing system, and appliances and equipment of every kind or nature affixed to or serving the Premises, the Building or the Easement Areas substantially Common Areas, in accordance with standards good repair, condition and practices for managers of similar improvements working order as provided in this Section 6, then Tenant may give written notice thereof to Landlord. If the failure has not been remedied within thirty (“Defaulting Owner”), any other Owner (“Maintaining Owner”30 ) may notify the Defaulting Owner of its failure to perform its maintenance obligations hereunder, such notice to specifically set forth the maintenance which was not performed. If, days following such notice, the failure then Tenant, at its option and with a second written notice to maintain persists for thirty (30) days (orLandlord, if such failure cannot be cured within such period, the Defaulting Owner fails to commence to cure within such thirty (30) day periodmay either terminate this Lease and all obligations hereunder, or thereafter fails to diligently proceed to complete the cure)make, the Maintaining Owner shall have the rightor cause to be made, but not the obligation to perform the maintenance necessary and/or assume responsibility for maintaining the applicable Easement Area Improvements or the Easement Areas pursuant to the terms of this Declaration. If the Maintaining Owner performs such maintenance and/or assumes the responsibility of the Defaulting Owner as provided hereinupkeep, the Defaulting Owner repair, monitoring, and maintenance, at Landlord's expense, which shall be obligated due and payable to reimburse the Maintaining Owner for all expenses incurred in connection with such maintenance. The Maintaining Owner may deliver a xxxx (“Xxxx”) to the Defaulting Owner from time to time for costs incurred Tenant by performing such maintenance (“Maintenance Expenses”) plus a ten percent (10%) administrative fee. The Defaulting Owner shall reimburse the Maintaining Owner Landlord within ten (10) days after demand therefor. Tenant may deduct the cost thus incurred in fulfilling Landlord's obligations under this Lease from future Rent payments and/or may collect the cost from Landlord in any manner provided by law. No notice of receipt of termination shall be given under this Section 6 if Landlord has physically commenced such repairs or is physically causing such repairs to be made, and such repair work is being diligently and continuously pursued to completion in a good and workmanlike manner. Furthermore, if the Xxxx. All Maintenance Expenses failure has not paid been remedied within the time specified above, Tenant shall be entitled to deduct from the Rent, or any installment thereof, the per diem Rent for when due shall bear interest at each day that such failure continues beyond the Default Interest Ratespecified time. The remedies provided rights of Tenant set out in this Section are 6 shall be cumulative, and the exercise of any right shall not exclude the exercise of any other right. In the case of any repetitive failure of Landlord to comply with its obligations to monitor and maintain any device or system, Tenant may advise Landlord of any subsequent problem or issue with respect to such device or system, in addition writing, but shall not be required to other remedies pursuant to Article 4wait any additional period of time before exercising its rights under this provision. Notwithstanding the foregoing, except in cases if any event occurs that creates an unreasonable risk of an imminent threat injury to person or property, Tenant is authorized, without prior notice to Landlord, to procure temporary monitoring or to make temporary repairs to alleviate such risk, at Landlord’s expense, which shall be due and payable to Tenant by Landlord within ten (10) days after demand therefor. The provisions of damage to persons this Section 6 shall survive the expiration of the Term or property or other emergency, a party shall not be entitled to exercise its self help remedies during the pendency any termination of any arbitration proceedings involving the dispute in question pursuant to the arbitration provisions in Section 43this Lease.

Failure to Maintain. If In the event Lessee fails to maintain, clean, repair, rebuild, replace, repaint or perform in accordance with this Article or any Owner fails other Article of this Lease within a period of sixty (60) days after written notice from Lessor to perform any obligations required to be done under the provisions of this Lease, then Lessor may, at its option but without any obligation to do so, and in addition to any other remedies which may be available to it under this Lease or otherwise at law or in equity, enter the Golf Course and Premises, without such entering causing or constituting a trespass, a cancellation of this Lease, or an interference with the possession of the Premises, and perform any obligation of Lessee under the Lease with respect to such maintenance, replacement or repair, including, repair, replace, rebuild, paint all or any part of the Premises or the Improvements thereon, and do all things reasonably necessary or desirable to accomplish the work required, and the cost and expense thereof shall be paid to Lessor by Xxxxxx on demand. If, however, in the reasonable opinion of Lessor, Xxxxxx’s failure to perform any such obligations endangers the safety of the public, the property of Lessor or other users, or occupants at the Premises, and Lessor so states same in its notice to Lessee along with the actions Lessor believes must be taken to remedy such failure and time frame for taking such actions, Lessor may, at its sole option but without any obligation to do so, in addition to all other remedies which may be available to it, elect to perform such obligations at any time after the giving of such notice and a reasonable opportunity under the circumstances to cure the default, and provided Xxxxxx has been given such notice and failed to cure the default, the Lessee agrees to pay Lessor the cost and expense of such performance on demand. The rights of Lessor under this Article shall be in addition to, and not in lieu of, the rights and remedies set forth elsewhere in the Lease. Furthermore, should Lessor, its officers, employees or agents undertake any work hereunder, Lessee hereby waives any claim for damages arising from Lessor's, its officials', employees', or agents' conduct. The foregoing shall in no way affect or alter the primary obligations of Lessee as set forth in this Agreement, and shall not impose or be construed to impose upon Lessor any obligations to maintain the Easement Area Improvements Golf Course or the Easement Areas substantially in accordance with standards and practices for managers of similar improvements (“Defaulting Owner”), any other Owner (“Maintaining Owner”) may notify the Defaulting Owner of its failure to perform its maintenance obligations hereunder, such notice to specifically set forth the maintenance which was not performed. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured within such period, the Defaulting Owner fails to commence to cure within such thirty (30) day period, or thereafter fails to diligently proceed to complete the cure), the Maintaining Owner shall have the right, but not the obligation to perform the maintenance necessary and/or assume responsibility for maintaining the applicable Easement Area Improvements or the Easement Areas pursuant to the terms of this Declaration. If the Maintaining Owner performs such maintenance and/or assumes the responsibility of the Defaulting Owner as provided herein, the Defaulting Owner shall be obligated to reimburse the Maintaining Owner for all expenses incurred in connection with such maintenance. The Maintaining Owner may deliver a xxxx (“Xxxx”) to the Defaulting Owner from time to time for costs incurred by performing such maintenance (“Maintenance Expenses”) plus a ten percent (10%) administrative fee. The Defaulting Owner shall reimburse the Maintaining Owner within ten (10) days of receipt of the Xxxx. All Maintenance Expenses not paid for when due shall bear interest at the Default Interest Rate. The remedies provided in this Section are in addition to other remedies pursuant to Article 4. Notwithstanding the foregoing, except in cases of an imminent threat of damage to persons or property or other emergency, a party shall not be entitled to exercise its self help remedies during the pendency of any arbitration proceedings involving the dispute in question pursuant to the arbitration provisions in Section 43Leased Premises.

Failure to Maintain. If In the event Lessee fails to maintain, clean, repair, rebuild, replace, repaint or perform in accordance with this Article or any Owner fails other Article of this Lease within a period of sixty (60) days after written notice from Lessor to perform any obligations required to be done under the provisions of this Lease, then Lessor may, at its option but without any obligation to do so, and in addition to any other remedies which may be available to it under this Lease or otherwise at law or in equity, enter the Golf Course and Premises, without such entering causing or constituting a trespass, a cancellation of this Lease, or an interference with the possession of the Premises, and perform any obligation of Lessee under the Lease with respect to such maintenance, replacement or repair, including, repair, replace, rebuild, paint all or any part of the Premises or the Improvements thereon, and do all things reasonably necessary or desirable to accomplish the work required, and the cost and expense thereof shall be paid to Lessor by Lessee on demand. If, however, in the reasonable opinion of Lessor, Lessee’s failure to perform any such obligations endangers the safety of the public, the property of Lessor or other users, or occupants at the Premises, and Lessor so states same in its notice to Lessee along with the actions Lessor believes must be taken to remedy such failure and time frame for taking such actions, Lessor may, at its sole option but without any obligation to do so, in addition to all other remedies which may be available to it, elect to perform such obligations at any time after the giving of such notice and a reasonable opportunity under the circumstances to cure the default, and provided Lessee has been given such notice and failed to cure the default, the Lessee agrees to pay Lessor the cost and expense of such performance on demand. The rights of Lessor under this Article shall be in addition to, and not in lieu of, the rights and remedies set forth elsewhere in the Lease. Furthermore, should Lessor, its officers, employees or agents undertake any work hereunder, Lessee hereby waives any claim for damages arising from Lessor's, its officials', employees', or agents' conduct. The foregoing shall in no way affect or alter the primary obligations of Lessee as set forth in this Agreement, and shall not impose or be construed to impose upon Lessor any obligations to maintain the Easement Area Improvements Golf Course or the Easement Areas substantially in accordance with standards and practices for managers of similar improvements (“Defaulting Owner”), any other Owner (“Maintaining Owner”) may notify the Defaulting Owner of its failure to perform its maintenance obligations hereunder, such notice to specifically set forth the maintenance which was not performed. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured within such period, the Defaulting Owner fails to commence to cure within such thirty (30) day period, or thereafter fails to diligently proceed to complete the cure), the Maintaining Owner shall have the right, but not the obligation to perform the maintenance necessary and/or assume responsibility for maintaining the applicable Easement Area Improvements or the Easement Areas pursuant to the terms of this Declaration. If the Maintaining Owner performs such maintenance and/or assumes the responsibility of the Defaulting Owner as provided herein, the Defaulting Owner shall be obligated to reimburse the Maintaining Owner for all expenses incurred in connection with such maintenance. The Maintaining Owner may deliver a xxxx (“Xxxx”) to the Defaulting Owner from time to time for costs incurred by performing such maintenance (“Maintenance Expenses”) plus a ten percent (10%) administrative fee. The Defaulting Owner shall reimburse the Maintaining Owner within ten (10) days of receipt of the Xxxx. All Maintenance Expenses not paid for when due shall bear interest at the Default Interest Rate. The remedies provided in this Section are in addition to other remedies pursuant to Article 4. Notwithstanding the foregoing, except in cases of an imminent threat of damage to persons or property or other emergency, a party shall not be entitled to exercise its self help remedies during the pendency of any arbitration proceedings involving the dispute in question pursuant to the arbitration provisions in Section 43Leased Premises.

Failure to Maintain. If any Owner Landlord fails to maintain commence and thereafter diligently complete its Common Area maintenance obligations with respect to the Easement Area Improvements Protected Area, and/or Critical Accessways, in whole or in part, within a reasonable time (i.e., immediately, with respect to matters posing an imminent threat to the safety and security of Tenant or Tenant’s patrons or their personal property, or (y) within twenty-four (24) hours with respect to matters adversely affecting access to the Premises or the Easement Areas substantially conduct of Tenant’s business (such as, without limitation, problems in accordance with standards and practices for managers of similar improvements (“Defaulting Owner”the Protected Area), any or (z) within four (4) days for all other Owner matters) after written or telephonic notice thereof from Tenant, Tenant may (“Maintaining Owner”but shall not be obligated to) perform such work or cause such work to be performed at Landlord’s cost and expense, and Landlord shall reimburse Tenant for the reasonable, out-of-pocket costs and expenses so incurred by Tenant within twenty (20) days after demand and receipt of evidence of payment by Tenant. If Landlord fails to reimburse Tenant as aforesaid within twenty (20) days after Tenant’s demand, then Tenant may notify deduct the Defaulting Owner amount of its expense, together with interest thereon accruing at the Interest Rate, from subsequent installments of Rent or other payments due hereunder. Tenant’s “self-help” and reimbursement rights under this Section 5.3 shall be in addition to and not in lieu of any and all other rights and remedies of Tenant as a consequence of Landlord’s failure to perform its maintenance obligations hereunder, such notice to specifically set forth the maintenance which was not performedunder this Article 5. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured within such period, the Defaulting Owner fails to commence to cure within such thirty (30) day period, or thereafter fails to diligently proceed to complete the cure), the Maintaining Owner shall have the right, but not the obligation to perform the maintenance necessary and/or assume responsibility for maintaining the applicable Easement Area Improvements or the Easement Areas pursuant Without limiting Landlord’s obligations hereunder with respect to the terms of this Declaration. If Common Areas and the Maintaining Owner performs such maintenance and/or assumes the responsibility maintenance, repair and operation of the Defaulting Owner as provided hereinCenter, Landlord acknowledges that Tenant may operate its business in the Defaulting Owner shall be obligated to reimburse the Maintaining Owner for Premises on days and at hours that some or all expenses incurred in connection with such maintenance. The Maintaining Owner may deliver a xxxx (“Xxxx”) to the Defaulting Owner from time to time for costs incurred by performing such maintenance (“Maintenance Expenses”) plus a ten percent (10%) administrative fee. The Defaulting Owner shall reimburse the Maintaining Owner within ten (10) days of receipt of the Xxxx. All Maintenance Expenses other tenants and occupants of the Center are not paid open and operating their businesses and Landlord covenants and agrees to keep the Common Areas of the Center open and staffed (including, without limitation, sufficient security personnel) at all times that Tenant’s business in the Premises is open and operating for when due shall bear interest at the Default Interest Rate. The remedies provided in this Section are in addition to other remedies pursuant to Article 4. Notwithstanding the foregoing, except in cases of an imminent threat of damage to persons or property or other emergency, a party shall not be entitled to exercise its self help remedies during the pendency of any arbitration proceedings involving the dispute in question pursuant to the arbitration provisions in Section 43business.