Common use of PIMSA Clause in Contracts

PIMSA. 1. After receipt of written notice from COMPANY, PIMSA at its expense, shall with the minimum interference with COMPANY's normal use of the Leased Property, diligently proceed to repair any structural defects in the roof or exterior bearing walls, excepting normal use, wear and damage. PIMSA shall not be liable for any damages, and shall not be obligated to make any repairs, caused by any negligent act or omissions of COMPANY, its employees, agents, invitees, or contractors. PIMSA shall have no other obligation to maintain or repair any other portion of the Leased Property. PIMSA shall not be liable to COMPANY for any damage resulting from PIMSA's failure to make any repairs, unless COMPANY has notified PIMSA of the need for such repairs, and PIMSA has failed to commence such repairs within ten (10) days after said notice has been given and failed to complete the same in a diligent manner. 2. If PIMSA fails to make the repairs described in Clause IX.A., COMPANY may, but shall not be required to, make or cause such repairs, to be made, and PIMSA shall, on demand, immediately pay to COMPANY the actual cost of the repairs.

Appears in 3 contracts

Samples: Lease Agreement (Coastcast Corp), Lease Agreement (Coastcast Corp), Lease Agreement (Coastcast Corp)

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PIMSA. 1. After receipt of written notice from COMPANY, PIMSA at its expense, shall with the minimum interference with COMPANY's normal use of the Leased Property, diligently proceed to repair any structural defects in the roof or exterior bearing walls, excepting normal use, wear and damage. PIMSA shall not be liable for any damages, and shall not be obligated to make any repairs, caused by any negligent act or omissions of COMPANY, its employees, agents, invitees, or contractors. PIMSA shall have no other obligation to maintain or repair any other portion of the Leased Property. PIMSA shall not be liable to COMPANY for any damage resulting from PIMSA's failure to make any repairs, unless COMPANY has notified PIMSA in writing of the need for such repairs, and PIMSA has failed to commence such repairs within ten (10) days after said notice has been given and failed to complete the same in a diligent manner. 2. If PIMSA fails to make the repairs described in Clause IX.A., COMPANY may, but shall not be required to, make or cause such repairs, to be made, and PIMSA shall, on demand, immediately pay to COMPANY the actual cost of the repairs.

Appears in 1 contract

Samples: Lease Agreement (Coastcast Corp)

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PIMSA. 1. After receipt of written notice from COMPANY, PIMSA at its expense, shall with the minimum interference with COMPANY's normal use of the Leased Property, diligently proceed to repair any structural defects in the roof or exterior bearing walls, excepting normal use, wear and damage. PIMSA shall not be liable for any damages, and shall not be obligated to make any repairs, caused by any negligent act or omissions of COMPANY, its employees, agents, invitees, or contractors. PIMSA shall have no other obligation to maintain or repair any other portion of the Leased Property. PIMSA shall not be liable to COMPANY for any damage resulting from PIMSA's failure to make any repairs, unless COMPANY has notified PIMSA in writing of the need for such repairs, and PIMSA has failed to commence such repairs within ten (10) days after said notice has been given and failed to complete the same in a diligent manner. 2. If PIMSA fails to make the repairs described in Clause IX.A.IX. A., COMPANY may, but shall not be required to, make or cause such repairs, to be made, and PIMSA shall, on demand, immediately pay to COMPANY the actual cost of the repairs.

Appears in 1 contract

Samples: Lease Agreement (Coastcast Corp)

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