Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS 13.1(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRS"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 3 contracts
Samples: Build a Bear Workshop Inc, Build a Bear Workshop Inc, Research Inc /Mn/
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION Section 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Sections 13.1(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRS"“Tenant Necessitated Repairs”), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's ’s delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 2 contracts
Samples: Liquidity Services Inc, Liquidity Services Inc
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Sections 13.1(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRS"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 2 contracts
Samples: Natural Golf Corp, Natural Golf Corp
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(vii3.1.1(viii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS 13.1(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRS"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 2 contracts
Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION Section 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Sections 13.1(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRSTenant Necessitated Repairs"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 2 contracts
Samples: Wentworth Ii Inc, Vascular Solutions Inc
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the PropertyProperty and the replacement, if required, of HVAC motors or compressors; provided, however, that (i) all costs and expenses so shall be incurred by Landlord to repair, replace and restore the above items shall constitute Operating ExpensesLandlord; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(viiSection 3.1.l(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS 13.1(aSections 13.l(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRSTenant Necessitated Repairs"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs. Save those duties herein assumed by Tenant under this Lease, during the Term, Landlord shall repair, replace, restore, maintain and operate the Property, including the Common Areas, in good condition and in a manner consistent with comparable industrial buildings and parking areas of similar age, design specification and size in the Hampton, Virginia market area. Landlord is responsible for parking areas' striping, maintenance, snow removal, etc.
Appears in 2 contracts
Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.
Landlord Repairs. Notwithstanding anything contrary herein, ----------------- Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION Section 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS 13.1(aSections 13.1(A) through (d) above (collectively, "TENANT NECESSITATED Necessitated REPAIRS"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefortherefore. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 1 contract
Samples: Data Call Technologies
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Sections 13.1(a) through (d) above (collectively, collectively "TENANT NECESSITATED REPAIRSTenant Necessitated Repairs"), then Tenant shall be required to reimburse Landlord for all costs and expenses that the Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord Xxxxxxxx agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of Page 21 time after receiving from Tenant written notice of the need for such repairs. 14.
Appears in 1 contract
Landlord Repairs. Notwithstanding anything to the contrary herein, Landlord shall repair, at Landlord's sole cost and expense except as otherwise provided in this Lease, replace and restore restore: (a) the structural aspects of the Building, including without limitation, the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that and (ib) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except repairs to the extent HVAC system of the Building that such costs so qualify under SECTION 3.1.1(viiare not Tenant's responsibility pursuant to Section 13.1(ii); and (ii) notwithstanding (i) above, in . In the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Sections 13.1(a), (b), (c) through or (d) above ([collectively, "TENANT NECESSITATED REPAIRSTenant Necessitated Repairs")], then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 1 contract
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Sections 13.1(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRSTenant Necessitated Repairs"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs. 14.
Appears in 1 contract
Samples: Classica Group Inc
Landlord Repairs. Notwithstanding anything contrary herein, Landlord ---------------- shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items which are not depreciable over the life of the Property shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Clauses 13.1(a), (b), (c) through or (d) above (collectively, "TENANT NECESSITATED REPAIRSTenant Necessitated Repairs"), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 ten (10) days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 1 contract
Samples: Maxwell Shoe Co Inc
Landlord Repairs. Notwithstanding anything contrary herein, Landlord shall repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Property; provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION Section 3.1.1(vii); , and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Sections 13.1(a) through (d) above (collectively, "TENANT NECESSITATED REPAIRS"“Tenant Necessitated Repairs”), then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 days after Landlord's ’s delivery of demand therefor. , Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 1 contract
Samples: Zars Inc/Ut
Landlord Repairs. Notwithstanding anything contrary hereincontained herein to the contrary, Landlord (and not Tenant) shall be responsible for the repair, replace replacement and restore restoration of the foundation, exterior and interior load-load- bearing walls, roof structure and roof covering and tuckpointing of the PropertyProperty (the cost for which shall be an Operating Expense under this Lease provided it is a noncapital expenditure); provided, however, that (i) all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under SECTION 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in SECTIONS Clauses 13.1(a), (b), (c) through or (d) above ([collectively, "TENANT NECESSITATED REPAIRSTenant Necessitated Repairs")], and provided further that Tenant fails to commence or complete such repairs, replacements or restorations within 30 days after notice from Landlord or if Tenant fails to diligently pursue the completion of such repairs, replacements or restoration, then Tenant shall be required to reimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, and such reimbursement shall be paid, in full, within 10 ten (10) days after Landlord's delivery of demand therefor. Landlord agrees to commence the repairs, replacements or restoration described in this SECTION Section 13.2 within a reasonable period of time after receiving from Tenant written notice of the need for such repairs.
Appears in 1 contract
Samples: Gantos Inc