Common use of Obligation to Repair Clause in Contracts

Obligation to Repair. In the event of any damage to the Leased Premises, Tenant shall promptly notify Landlord in writing. If the Leased Premises or any part of the Building are damaged by fire or other casualty not due to the fault or negligence of Tenant, its employees, invitees, agents, contractors or servants, the damage to the Building and/or the Leased Premises shall be repaired by and at the expense of Landlord, excluding any alterations or improvements made by Tenant, unless this Lease is terminated in accordance with the provisions of Article 10.2 below. Until such repairs by Landlord are completed, Annual Basic Rent and Additional Rent shall be abated in proportion to the part of the Leased Premises which is unusable by Tenant in the conduct of its business. If, however, such damage is due in whole or in part to the fault or neglect of Tenant or any subtenant of Tenant, or any of their respective agents, employees, servants, contractors or invitees, there shall be no abatement of Annual Basic Rent or Additional Rent and Tenant shall be required to repair all such damage at its sole cost and expense. There shall be no abatement of Annual Basic Rent or Additional Rent on account of damage to the Building or the Property unless there is also damage to the Leased Premises. Tenant hereby waives any statute now or subsequently in effect which grants to Tenant the right to terminate this Lease or which provides for an abatement of rent on account of damage or destruction, including, without limitation, ARS. ss. 33-343.

Appears in 3 contracts

Samples: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)

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Obligation to Repair. In the event of any damage to the Leased PremisesBuilding, Tenant Lessee shall promptly notify Landlord Lessor in writing. If the Leased Premises Building, or any part of the Building are damaged by fire or other casualty covered by Lessor or Lessee’s insurance policies and not due to the fault or negligence negligent act of TenantLessee, its employees, invitees, agents, contractors or servantsrepresentatives, then Lessor shall be obligated to use the proceeds from such insurance policies to repair the damage to the Building and/or the Leased Premises shall be repaired by and at the expense of LandlordBuilding, excluding any alterations or improvements made by TenantLessee, unless this Lease is terminated in accordance with the provisions of Article 10.2 Section 10(b) below. In the event the proceeds from the insurance policies are not sufficient to repair the damage to the Building and Lessor has not terminated pursuant to Section 10(b) below, then Lessee shall be responsible for the remaining cost of repairing the Building. Until such repairs by Landlord Lessor are completed, Annual Basic Rent and Additional Rent the rent due under this Lease shall be abated in proportion to the part of the Leased Premises Building which is unusable by Tenant Lessee in the conduct of its business. If, however, such damage is due in whole or in part to the fault fault, negligence or neglect of Tenant or any subtenant of Tenant, Lessee or any of their its respective agents, employees, servantsrepresentatives, contractors or invitees, there shall be no abatement of Annual Basic Rent or Additional Rent rent and Tenant Lessee shall be required to repair all such damage at its sole cost and expense. There shall be no abatement of Annual Basic Rent or Additional Rent rent on account of damage to the Building or the Property unless there is also such damage materially impairs Lessee’s ability to the Leased Premises. Tenant hereby waives any statute now or subsequently in effect which grants to Tenant the right to terminate this Lease or which provides conduct business for an a period of thirty (30) consecutive days, only then shall rental abatement of rent on account of damage or destruction, including, without limitation, ARS. ss. 33-343apply.

Appears in 1 contract

Samples: Lease Agreement (Sunpower Corp)

Obligation to Repair. In the event of any damage to the Leased Premises, Tenant shall promptly notify Landlord in writingwriting thereof. If the Leased Premises or any part of the Building are damaged by fire or other casualty not due to the fault or negligence of Tenant, its employees, invitees, agents, contractors or servantscasualty, the damage to the Building and/or the Leased Premises shall be repaired by and at the expense of Landlord, excluding any alterations or improvements made by TenantTenant (including, without limitation, the Tenant Improvement Work), unless this Lease is terminated in accordance with the provisions of Article 10.2 below. Until such repairs by Landlord are completed, Annual Basic Rent and Additional Rent shall be abated in proportion to the part of the Leased Premises which is unusable by Tenant in the conduct of its business. IfNotwithstanding anything to the contrary contained herein, however, if such damage is due in whole or in part to the fault or neglect of Tenant Tenant, or any subtenant of Tenant, or any of their respective agents, employees, servants, contractors or invitees, there shall be no abatement of Annual Basic Rent or Additional Rent and Tenant shall be required to repair all such damage at its sole cost and expense. There shall be no abatement of Annual Basic Rent or Additional Rent on account of damage to the Building or the Property unless there is also damage to the Leased Premises. Premises or unless Tenant hereby waives any statute now or subsequently in effect which grants shall not have access to Tenant the right to terminate this Lease or which provides for an abatement Leased Premises as a result of rent on account of damage or destruction, including, without limitation, ARS. ss. 33-343such damage.

Appears in 1 contract

Samples: Lease Agreement (Suntek Corp)

Obligation to Repair. In the event of any damage to the Leased Premises, Tenant shall promptly notify Landlord in writing. If the Leased Premises or any part of the Building are damaged by fire or other casualty not due to the fault or negligence of Tenant, its employees, invitees, agents, contractors or servants, the damage to the Building and/or the Leased Premises shall be repaired by and at the expense of Landlord, excluding any alterations or improvements made by Tenant, unless this Lease is terminated in accordance with the provisions of Article 10.2 below. Until such repairs by Landlord are completed, Annual Basic Rent and Additional Rent shall be abated in proportion to the part of the Leased Premises which is unusable by Tenant in the conduct of its business. If, however, such damage is due in whole or in part to the fault or neglect of Tenant or any subtenant of Tenant, or any of their respective agents, employees, servants, contractors or invitees, there shall be no abatement of Annual Basic Rent or Additional Rent and Tenant shall be required to repair all such damage at its sole cost and expense. There shall be no abatement of Annual Basic Rent or Additional Rent on account of damage to the Building or the Property unless there is also damage to the Leased Premises. Tenant hereby waives any statute now or subsequently in effect which grants to Tenant the right to terminate this Lease or which provides for an abatement of rent on account of damage or destruction, including, without limitation, ARS. ss. 33-343.

Appears in 1 contract

Samples: Office Lease (Fresh Medical Laboratories, Inc.)

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Obligation to Repair. In the event of any damage to the Leased Premises, Tenant shall promptly notify Landlord in writingwriting thereof. If the Leased Premises or any part of the Building are damaged by fire or other casualty not due to the fault or negligence of Tenant, its employees, invitees, agents, contractors or servantscasualty, the damage to the Building and/or the Leased Premises shall be repaired by and at the expense of Landlord, excluding any alterations or improvements made by TenantTenant (including, without limitation, the Tenant Improvement Work), unless this Lease is terminated in accordance with the provisions of Article 10.2 below. Until such repairs by Landlord are completed, Annual Basic Rent and Additional Rent shall be abated in proportion to the part of the Leased Premises which is unusable by Tenant in the conduct of its business. IfNotwithstanding anything to the contrary contained herein, however, if such damage is due in whole or in part to the fault or neglect of Tenant Tenant, or any subtenant of Tenant, or any of their respective agents, employees, servants, contractors or invitees, there shall be no abatement of Annual Basic Rent or Additional Rent and Tenant shall be required to repair all such damage at its sole cost and expense. There shall be no abatement of Annual Basic Rent or Additional Rent on account of damage to the Building or the Property unless there is also damage to the Leased Premises. Tenant hereby waives any statute now or subsequently in effect which grants to Tenant the right to terminate this Lease or which provides for an abatement of rent on account of damage or destruction, including, without limitation, ARS. ss. 33-343.

Appears in 1 contract

Samples: Lease Agreement (Asset Acceptance Capital Corp)

Obligation to Repair. In the event of any damage to the Leased -------------------- Premises, Tenant shall promptly notify Landlord in writing. If the Leased Premises or any part of the Building are damaged by fire or other casualty not due to the fault or negligence of Tenant, its employees, invitees, agents, contractors or servants, the damage to the Building and/or the Leased Premises shall be repaired by and at the expense of Landlord, excluding any alterations or except for those improvements made by Tenant, as they existed at the commencement of the Lease Term unless this Lease is terminated in accordance with the provisions of Article 10.2 below. Until such repairs by Landlord are completed, Annual Basic Rent and Additional Rent shall be abated in proportion to the part of the Leased Premises which is unusable by Tenant in the conduct of its business. If, however, such damage is due in whole or in part to the fault or neglect of Tenant or any subtenant of Tenant, or any of their respective agents, employees, servants, contractors or invitees, there shall be no abatement of Annual Basic Rent or Additional Rent and Tenant shall be required to repair all such damage at its sole cost and expense. There shall be no abatement of Annual Basic Rent or Additional Rent on account of damage to the Building or the Property unless there is also damage to the Leased Premises. Tenant hereby waives any statute now , or subsequently in effect damage which grants to Tenant the right to terminate this Lease or which provides for an abatement interferes with Tenant's use of rent on account of damage or destruction, including, without limitation, ARS. ss. 33-343Premises.

Appears in 1 contract

Samples: Office Lease (Argosy Education Group Inc)

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