Common use of Landlord’s Failure to Make Repairs Clause in Contracts

Landlord’s Failure to Make Repairs. If Landlord fails to commence any repair which under Section 9.2 is Landlord’s responsibility within thirty (30) days after notification of the need for such repair, and fails to complete such repairs within a reasonable period of time, then Tenant may, in addition to any other rights and/or remedies it may have, make such repairs at the expense of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred as a result of such repairs within thirty (30) days of receipt of invoice thereof. In the event of a bona fide emergency that may result in damage or injury to persons or Tenant’s property, damage that has a material impact on Tenant’s ability to conduct business as contemplated under this Lease, or damage that otherwise exposes Tenant (in Tenant’s reasonable judgment) to liability, Tenant may, unless Landlord commences and diligently pursues such repairs within five (5) days after receipt of written Notice (or such shorter period as would reasonably be expected under the given circumstances), make such repairs on behalf of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred in making such repairs within thirty (30) days of receipt of invoice thereof. Provided, if in Tenant’s reasonable judgment, immediate action must be taken to protect the Building or Premises or persons therein from damage or injury, Tenant may, without giving Notice to Landlord, make such repairs on behalf of Landlord and give written Notice thereof to Landlord as soon as reasonably practicable.

Landlord’s Failure to Make Repairs. If Landlord fails to commence any repair which as required under Section 9.2 is Landlord’s responsibility 8.2 within thirty ten (3010) days after notification of the need for such repair, and fails to complete such repairs within a reasonable period of time, then Tenant may, in addition to any other rights and/or remedies it may have, make such repairs at the expense of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred as a result of such repairs within thirty (30) days of receipt of invoice thereof. In the event of a bona fide emergency that which may result in damage or injury to persons or Tenant’s property, damage that which has a material impact on Tenant’s ability to conduct business as contemplated under this LeaseAgreement, or damage that which otherwise exposes Tenant (in Tenant’s reasonable judgment) to liability, Tenant may, unless Landlord commences and diligently pursues such repairs within five (5) days after receipt of written Notice notice (or such shorter period as would reasonably be expected under the given circumstances), make such repairs on behalf of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred in making such repairs within thirty (30) days of receipt of invoice thereof. Provided, if in Tenant’s reasonable judgment, immediate action must be taken to protect the Building or Premises or persons therein from damage or injury, Tenant may, without giving Notice to Landlord, make such repairs on behalf of Landlord and give written Notice thereof to Landlord as soon as reasonably practicable.

Landlord’s Failure to Make Repairs. If Notwithstanding anything to the contrary contained in this Lease, if (i) Landlord fails to commence take such measures as may be reasonable under the circumstances to make any repair which under Section 9.2 is Landlord’s responsibility repairs or perform any maintenance required to be made or performed by Landlord pursuant to the terms of this Lease within thirty ten (3010) consecutive business days after notification Tenant has notified Landlord of the need for needed repair or maintenance (or such repair, and fails to complete such repairs within a reasonable longer period of timetime as is necessary given the nature of the needed repair or maintenance, then Tenant mayso long as Landlord is diligently pursuing the cure thereof to substantial completion), in addition to which failure renders the Premises or any other rights and/or remedies it may have, make such repairs at the expense of Landlord "material portion" thereof not usable (as reasonably determined by Landlord) and Landlord shall pay to Tenant all costs and expenses reasonably incurred as a result thereof Tenant ceases to conduct its business therein, or (ii) if the Premises or any material portion thereof is rendered not usable as reasonably determined by Landlord) and Tenant ceases to conduct its business therein by reason of any repair or maintenance made by Landlord, which condition continues for ten (10) consecutive business days after Tenant has notified Landlord thereof (or such longer period of time as is necessary given the nature of the needed repair or maintenance, so long as Landlord is diligently pursuing the cure thereof to substantial completion), then provided and upon the condition that this Lease is in full force and effect and Tenant is not in default hereunder beyond applicable notice and grace periods, the Rent and additional rent shall be abated in the proportion by which the portion of the Premises which is not reasonably usable and is not used by Tenant bears to the total area of the Premises, commencing on the expiration of such repairs within thirty ten (3010) days business day period until the date such repair is made or maintenance completed. For the purposes of receipt this subsection I, the term "material portion" shall mean not less than twenty-five (25%) percent of invoice thereofthe area on any floor of the Premises. In the event Landlord is unable to make any repairs or perform any maintenance obligations because of a bona fide emergency that may result in damage force majeure event or injury to persons or Tenant’s property, damage that has a material impact on Tenant’s ability to conduct business as contemplated under this Lease, or damage that otherwise exposes Tenant (in Tenant’s any other reason beyond the reasonable judgment) to liability, Tenant may, unless Landlord commences and diligently pursues such repairs within five (5) days after receipt of written Notice (or such shorter period as would reasonably be expected under the given circumstances), make such repairs on behalf control of Landlord including, without limitation, the acts or omissions of Tenant or any of Tenant's agents, employees or contractors, then the ten (10) business day period shall be extended one (1) day for each day such event of force majeure or other impossibility exists. Notwithstanding the foregoing remedy, Landlord agrees to diligently pursue any such repair or maintenance. A copy of any notice from Tenant to Landlord given pursuant to this subsection F shall not be deemed effective unless and Landlord shall pay until a copy of said notice is sent simultaneously to the holder of any Mortgage encumbering the Building whose address has been provided to Tenant all costs and expenses reasonably incurred or with whom Tenant has entered in making such repairs within thirty (30) days of receipt of invoice thereof. Provided, if a subordination agreement in Tenant’s reasonable judgment, immediate action must be taken to protect the Building or Premises or persons therein from damage or injury, Tenant may, without giving Notice to Landlord, make such repairs on behalf of Landlord and give written Notice thereof to Landlord as soon as reasonably practicableaccordance with Article 7 hereof.

Landlord’s Failure to Make Repairs. If Landlord fails to commence any repair which under Section 9.2 to the Building or the Premises or to a common area that is Landlord’s responsibility under Section 8.3 within thirty ten (3010) days after notification of the need for such repair, and fails to complete such repairs within a reasonable period of time, then Tenant may, in addition to any other rights and/or remedies it may have, make such repairs at the expense of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred as a result of such repairs within thirty ten (3010) days of receipt of invoice thereof. In the event of a bona fide emergency that which may result in damage or injury to persons or Tenant’s property, damage that which has a material impact on Tenant’s ability to conduct business as contemplated under this LeaseAgreement, or damage that which otherwise exposes Tenant (in Tenant’s reasonable judgment) to liability, Tenant may, unless Landlord commences and diligently pursues such repairs within five (5) days after receipt of written Notice notice (or such shorter period as would reasonably be expected under the given circumstances), make such repairs on behalf of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred in making such repairs within thirty (30) days of receipt of invoice thereof. Provided, if in Tenant’s reasonable judgment, immediate action must be taken to protect the Building or Premises or persons therein from damage or injury, Tenant may, without giving Notice to Landlord, make such repairs on behalf of Landlord and give written Notice thereof to Landlord as soon as reasonably practicable.

Landlord’s Failure to Make Repairs. If Provided Tenant is not then in default under this Lease, if, within a reasonable period after written notice to Landlord fails (which period shall not exceed thirty (30) days unless the necessary performance cannot be completed within such thirty (30) day period and Landlord has promptly commenced performance and is diligently prosecuting performance to commence any completion), Landlord shall fail to fulfill its obligations to repair which under Section 9.2 is and maintain the Premises as required by this Lease, and such failure has a material, adverse impact on Tenant’s ability to use the Premises for the Permitted Use, then Tenant may (but shall not be obligated to), upon giving Landlord and Landlord’s responsibility Mortgagee (provided Landlord delivers notice of the name and address of its Mortgagee to Tenant) at least ten (10) business days’ additional prior written notice of Tenant’s election to do so, Tenant may perform the repairs or maintenance on Landlord’s behalf in a reasonable, economical and good and workmanlike manner, provided such work by Tenant does not affect the electrical, mechanical or plumbing systems serving the Building Common Area or any other tenant space in the Building or otherwise unreasonably interfere with or disturb the business or occupancy of any other tenant or occupant of the Building. If Tenant undertakes such repairs or maintenance, Landlord shall reimburse Tenant for the reasonable cost thereof within thirty (30) days after notification receipt of written demand, which demand is accompanied by copies of paid invoices or other reasonable evidence of the need for sum demanded; and if such repair, reimbursement is not made within ten (10) business days after a second written notice to Landlord and fails Landlord’s Mortgagee (provided Landlord delivers notice of the name and address of its Mortgagee to complete Tenant) conspicuously stating that a deduction from rent will result if Landlord does not pay the sum demanded prior to the end of such repairs within a reasonable period of timeten (10) business day period, then Tenant maymay deduct the reasonable cost thereof from the Base Rent next coming due after the Abatement Period (but in any month Tenant may not deduct more than twenty five percent (25%) of that month’s installment of Base Rent, whether such deduction is made under this Section 29.37 or any other express provision of this Lease which permits such deduction), in addition to any other rights and/or remedies it Tenant may have. Landlord reserves the right to dispute, make such repairs at reasonably and in good faith, the expense need for or the manner of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred as a result of such repairs within thirty (30) days of receipt of invoice thereof. In the event of a bona fide emergency that may result in damage or injury to persons or Tenant’s propertyperformance of repairs and maintenance hereunder and/or the cost thereof, damage that has a material impact on Tenant’s ability to conduct business and no repairs or deductions from Base Rent shall be made by Tenant for so long as contemplated under this Lease, or damage that otherwise exposes Tenant (in Tenant’s reasonable judgment) to liability, Tenant may, unless Landlord commences and diligently pursues any such repairs within five (5) days after receipt of written Notice (or such shorter period as would reasonably be expected under the given circumstances), make such repairs on behalf of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred in making such repairs within thirty (30) days of receipt of invoice thereof. Provided, if in Tenant’s reasonable judgment, immediate action must be taken to protect the Building or Premises or persons therein from damage or injury, Tenant may, without giving Notice to Landlord, make such repairs on behalf of Landlord and give written Notice thereof to Landlord as soon as reasonably practicabledispute is pending.

Landlord’s Failure to Make Repairs. If after notice by Tenant, Landlord fails or refuses to commence make any repair repairs, restorations or replacements which it is required to make under this Section 9.2 is 13 or elsewhere in this Lease, within ten (10) days after written notice from Tenant, Tenant may make the repairs, restorations or replacement on Landlord’s responsibility 's behalf; provided if the repairs, restorations or replacements reasonably will require more than ten (10) days to complete, such ten (10) day period shall be extended for such additional period of time as may be necessary for Landlord to make the repairs, provided Landlord commences the repairs, replacements or restoration within the initial ten (10) day period and thereafter diligently prosecutes the same to completion and in good faith. If Tenant makes any repairs, restorations or replacements on behalf of Landlord pursuant to this Section 13.c., Landlord shall reimburse Tenant within thirty (30) days after notification Landlord receives Tenant's invoice, for the actual costs incurred by Tenant in so doing, together with interest thereon at an interest rate two percent (2%) above the Prime Rate as the same may be adjusted from time to time. If by reason of any emergency, repairs, restorations or replacements become necessary which by the provisions hereof are the responsibility of Landlord, Tenant may make such repairs, restorations or replacements which, in Tenant's reasonable opinion, are necessary for the preservation of the Premises, or of the safety or health of the occupants in the Building or Tenant's property or required by law; provided, Tenant shall first make reasonable efforts to inform Landlord of the need for such repair, the repairs and fails to complete such repairs within give Landlord a reasonable period of timeopportunity to make the necessary repairs, then restorations or replacements. Landlord will reimburse Tenant may, in addition to as provided above for any other rights and/or remedies it may have, make such repairs at the expense of Landlord and Landlord shall pay to costs incurred by Tenant all costs and expenses reasonably incurred as a result of such repairs within thirty (30) days of receipt of invoice thereof. In the event of a bona fide emergency that may result in damage or injury to persons or Tenant’s property, damage that has a material impact on Tenant’s ability to conduct business as contemplated under this Lease, or damage that otherwise exposes Tenant (in Tenant’s reasonable judgment) to liability, Tenant may, unless Landlord commences and diligently pursues such repairs within five (5) days after receipt of written Notice (or such shorter period as would reasonably be expected under the given circumstances), make such repairs on behalf of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred in making any such repairs within thirty (30) days of receipt of invoice thereof. Providedemergency repairs, if in Tenant’s reasonable judgment, immediate action must be taken to protect the Building restorations or Premises or persons therein from damage or injury, Tenant may, without giving Notice to Landlord, make such repairs on behalf of Landlord and give written Notice thereof to Landlord as soon as reasonably practicablereplacements.

Landlord’s Failure to Make Repairs. If after notice by Tenant, Landlord fails or refuses to commence make any repair repairs, restorations or replacements which it is required to make under this Section 9.2 is 13 or elsewhere in this Lease, within ten (10) days after written notice from Tenant, Tenant may make the repairs, restorations or replacement on Landlord’s responsibility 's behalf; provided if the repairs, restorations or replacements reasonably will require more than ten (10) days to complete, such ten (10) day period shall be extended for such additional period of time as may be necessary for Landlord to make the repairs, provided Landlord commences the repairs, replacements or restoration within the initial ten (10) day period and thereafter diligently prosecutes the same to completion and in good faith. If Tenant makes any repairs, restorations or replacements on behalf of Landlord pursuant to this Section 13.c., Landlord shall reimburse Tenant within thirty (30) days after notification Landlord receives Tenant's invoice, for the actual costs incurred by Tenant in so doing, together with interest thereon at an interest rate two percent (2%) above the Prime Rate as the same may be adjusted from time to time. If by reason of any emergency, repairs, restorations or replacements become necessary which by the provisions hereof are the responsibility of Landlord, Tenant may make such repairs, restorations or replacements which, in Tenant's reasonable opinion, are necessary for the preservation of the Premises, or of the safety or health of the occupants in the Building or Tenant's property or required by law; provided, Tenant shall first make reasonable efforts to inform Landlord of the need for such repair, the repairs and fails to complete such repairs within give Landlord a reasonable period of timeopportunity to make 46 <PAGE> the necessary repairs, then restorations or replacements. Landlord will reimburse Tenant may, in addition to as provided above for any other rights and/or remedies it may have, make such repairs at the expense of Landlord and Landlord shall pay to costs incurred by Tenant all costs and expenses reasonably incurred as a result of such repairs within thirty (30) days of receipt of invoice thereof. In the event of a bona fide emergency that may result in damage or injury to persons or Tenant’s property, damage that has a material impact on Tenant’s ability to conduct business as contemplated under this Lease, or damage that otherwise exposes Tenant (in Tenant’s reasonable judgment) to liability, Tenant may, unless Landlord commences and diligently pursues such repairs within five (5) days after receipt of written Notice (or such shorter period as would reasonably be expected under the given circumstances), make such repairs on behalf of Landlord and Landlord shall pay to Tenant all costs and expenses reasonably incurred in making any such repairs within thirty (30) days of receipt of invoice thereofemergency repairs, restorations or replacements. Provided, if in Tenant’s reasonable judgment, immediate action must be taken to protect the Building or Premises or persons therein from damage or injury, Tenant may, without giving Notice to Landlord, make such repairs on behalf of Landlord and give written Notice thereof to Landlord as soon as reasonably practicable14.