Common use of Lessee’s Default of its Maintenance Duties Clause in Contracts

Lessee’s Default of its Maintenance Duties. In the event that Xxxxxx fails, neglects or refuses to maintain or make reasonable repairs or replacements as required by this Lease, Lessor shall notify Lessee in writing of such failure or refusal. Should Lessee fail or refuse to act to correct such default within twenty (20) days of receipt of such written request from Lessor, in a manner consistent with the provisions of Section 10.2(b) hereof, Lessor may (but shall not be required to), itself or by contract, undertake the necessary maintenance, repair or replacements; and the cost thereof, including but not limited to the cost of labor, materials and equipment, plus an administrative fee in the amount of ten percent (10%) of the sum of such costs, shall be paid by Lessee to Lessor within ten (10) days of Xxxxxx’s receipt of a statement of such costs from Lessor. Any such maintenance, repair or replacement by or on behalf of Lessor shall not be deemed to be a waiver of Lessee’s default under this Lease, and shall not in any way impair, prevent or preclude Lessor from exercising any of its rights or remedies set forth in this Lease or otherwise provided by law.

Appears in 2 contracts

Samples: First Amended Lease Agreement, First Amended Lease Agreement

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Lessee’s Default of its Maintenance Duties. In the event that Xxxxxx Lessee fails, neglects or refuses to maintain or make reasonable repairs or replacements as required by this Lease, Lessor shall notify Lessee in writing of such failure or refusal. Should Lessee fail or refuse to act to correct such default within twenty (20) days of receipt of such written request from Lessor, in a manner consistent with the provisions of Section 10.2(b) hereof, Lessor may (but shall not be required to), itself or by contract, undertake the necessary maintenance, repair or replacements; and the cost thereof, including but not limited to the cost of labor, materials and equipment, plus an administrative fee in the amount of ten percent (10%) of the sum of such costs, shall be paid by Lessee to Lessor within ten (10) days of XxxxxxLessee’s receipt of a statement of such costs from Lessor. Any such maintenance, repair or replacement by or on behalf of Lessor shall not be deemed to be a waiver of Lessee’s default under this Lease, and shall not in any way impair, prevent or preclude Lessor from exercising any of its rights or remedies set forth in this Lease or otherwise provided by law.

Appears in 1 contract

Samples: First Amended Lease Agreement

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Lessee’s Default of its Maintenance Duties. In the event that Xxxxxx Lessee fails, neglects or refuses to maintain or make reasonable repairs or replacements as required by this LeaseAgreement, Lessor shall notify Lessee in writing of such failure or refusal. Should Lessee fail or refuse to act correct or commence to correct such default within twenty ten (2010) business days of receipt of such written request notice from Lessor, in a manner consistent with the provisions of Section 10.2(b) hereof, Lessor may (but shall not be required to), itself or by contract, undertake the necessary maintenance, repair or replacements; and the cost thereof, including but not limited to the cost of labor, materials and equipment, plus an administrative fee in the amount of ten fifteen percent (1015%) of the sum of such costs, shall be paid by Lessee to Lessor within ten (10) days of XxxxxxLessee’s receipt of a statement of such costs from Lessor. Any such maintenance, repair or replacement by or on behalf of Lessor shall not be deemed to be a waiver of Lessee’s default under this LeaseAgreement, and shall not in any way impair, prevent or preclude Lessor from exercising any of its rights or remedies set forth in this Lease Agreement or otherwise provided by at law.

Appears in 1 contract

Samples: Agreement to Lease

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