Roof Repair. Purchaser acknowledges that portions of certain Improvements located on the Property have been damaged prior to the Effective Date ("Roof Damage") and such Improvements require Repairs as more particularly described in the Roof Repair Contract (defined below) ("Roof Repairs"). Purchaser acknowledges that as of the Effective Date, Seller has entered into (i) that certain General Construction Services Contract with BluSky Restoration Contractors dated June 25, 2010 for the repair of the Roof Damage; and (ii) that certain Hazardous Materials Abatement Agreement with BluSky Restoration Contractors, Inc. dated June 25, 2010 for ACM roof abatement (collectively (i) and (ii) shall be defined herein as the "Roof Repair Contract") and that notwithstanding Section 11.5, such Roof Repair Contract shall not be deemed a Property Contract. The Roof Repair Contract shall be delivered to Purchaser during the Feasibility Period pursuant to Section 3.5.2. Purchaser acknowledges that the Roof Repairs may not be completed prior to the Closing Date. Purchaser acknowledges and agrees that it may not terminate the Roof Repair Contract pursuant to this Article XI, that the Roof Damage shall not be characterized as Major Damage or Minor Damage pursuant to this Article XI and that Purchaser may not terminate this Contract based on the Roof Damage. If the Roof Repairs are not completed prior to the Closing Date, at Seller's option and in Seller's sole discretion, either: (a) Purchaser shall proceed to Closing in accordance with the Contract, Seller shall assign and Purchaser shall assume all of Seller's rights, obligations and liabilities under the Roof Repair Contract (provided that Seller shall be responsible for payment of costs associated with that portion of the Roof Repairs completed prior to the Closing Date), Purchaser shall be responsible for completing the Roof Repairs, and Seller shall provide a credit against the Purchase Price to Purchaser in an amount necessary to complete the Roof Repairs (including the full amount of the Roof Repair Contract less any amounts which may already have been spent by Seller toward such Roof Repairs); or (b) Closing shall be postponed until the Roof Repairs are complete and the Roof Repair Contract is fulfilled, as evidenced by (i) delivery to Purchaser of a copy of the document from the City and County of Denver Building Department evidencing final inspection and signing off on the applicable building permit issued for the Roof Repairs; an...
Roof Repair. Repair of historic roofing with material that closely matches the existing design and form. When repairing existing roofing, corrugated fiberglass roofing is not appropriate. Replacement of non-historic roofing is not an exempt activity. Preservation Briefs 4: Roofing for Historic Buildings, and other technical briefs, as appropriate, for guidance.
Roof Repair. (Metal Section A) Contractor shall furnish and install the following roofing measures on the existing metal roof over the garage area: • Make all necessary repairs throughout the entire roof system. Install new rubber boots, fill empty screw holes with larger screws, caulk all screw heads and lap seams and any openings found. • Prime entire roof. • Install CPR Restoration system.
Roof Repair. 3 3.6 Impoundments....................................3 3.7 Past-due Obligations............................3 4. FIXTURES......................................................4
Roof Repair. From and after the Closing Date, Principals jointly and severally agree to pay all costs and expenses incurred by Buyer in connection with third-party repairs to or the entire replacement of the roof of the building located on the Real Estate (the "Roof") in an amount not to exceed $400,000; PROVIDED, HOWEVER, such amount shall be subject to reduction at any time prior to the first payment made by Buyer under the Installment Note upon mutual agreement of the parties (the "Repair Fund"). Upon the earlier to occur of (i) the third anniversary of the Closing Date, (ii) Buyer's replacement of the Roof or (iii) the closing of the purchase and sale of the Real Estate in connection with Buyer's sale of the Real Estate, Buyer will pay to Seller the unexpended amounts of the Repair Fund by paying the holder of the Escrow Note (not the Agent) the then outstanding balance of the Repair Fund (reduced by any reserve or other purchase price reductions required for repair or replacement of the Roof in the case of (iii) above). Buyer shall assert its right to payment hereunder by offset against the Repair Fund under the Escrow Note.
Roof Repair. Fund (herein so called). All roof repair fund payments accruing after the Close of Escrow shall be for the benefit of Buyer, and Seller hereby waives any rights or claims to any roof repair funds or monies for all sums paid after the Closing Date and not specifically related to an invoice sent to a Tenant for a period to the Closing Date.
Roof Repair. If there is any water damage to the Premises as a result of any rain that may occur after the date of this Sixth Amendment, Landlord shall, within ten (10) days thereafter, hire a roofing consultant reasonably acceptable to Tenant. The roofing consultant shall deliver to Landlord and Tenant within fifteen (15) days of being retained a written proposal of all work that is recommended for the roof or structure to prevent any future water damage to the Premises.
Roof Repair. In connection with the execution of this Lease, as soon as is reasonably possible but in no event later than fifteen (15) days after Tenant has given Landlord notice of completion of Tenant's mechanical repairs to the Demised Premises, Landlord shall commence the process of repairing the roof of the Improvements located on the Washington Property, said repair to put the Washington Property roof into good working order (the "Roof Repair"). Tenant will reimburse Landlord as additional rent for costs associated with the Roof Repair by paying to Landlord, each month throughout the term of this Lease, $400.00, said amount to be paid on or before the first day of each and every calendar month, said payment to be in addition to any other amounts payable by Tenant hereunder.
Roof Repair. In the event that Customer determines in its reasonable discretion that it must replace or repair the roof at the Site (other than in response to a fire or other casualty at the Property), BASC shall temporarily disassemble or remove all or such portions of the Site Equipment as may be necessary in its reasonable discretion to accommodate such roof repairs or replacement. During such time as the Site Equipment is partially or completely disconnected, Customer shall pay to BASC an amount equal to the Energy Fee that would have been due from Customer, based on BASC’s reasonable and documented estimation of the electricity the Site Equipment would have produced during such period. In the event that the Customer requires BASC to temporarily disassemble or remove all or such portions of the Site Equipment pursuant to this Section H on more than one occasion during the Term, then on each subsequent occasion that Customer requires such disassembly or removal, within 30 days of BASC’s delivery of an invoice for such disassembly or removal services, Customer shall pay to BASC the amount invoiced, which shall be charged on a time and materials basis and shall include BASC’s reasonable margin for such services, and Customer shall provide at its sole cost and expense secure storage space for any portion of the Site Equipment disassembled or removed pursuant to this Section H. BASC agrees promptly to reinstall the Site Equipment in a manner that will not damage the roof or void the warranty of the new roof as repaired or installed. In no event shall Customer, or an agent, subcontractor or other party or affiliate of Customer, move, repair, disassemble or otherwise work on the Site Equipment without BASC’s prior written permission. Unless necessary to effect the complete repair of the roof, the Site Equipment shall not be partially or completely disassembled under this Section H for longer than one period of sixty consecutive days during the Term. If, in connection with BASC’s work at the Site pursuant to this Section H, Customer observes work at the Site that is performed in a manner that violates the terms of this Agreement or that Customer otherwise reasonably believes presents a threat to the safety of persons or the Site, BASC shall respond to Customer’s reasonable requests to remedy such issues not later than 3 business days after receipt of written notice from the Customer and as promptly as possible thereafter, shall remedy any condition or cease any such practi...
Roof Repair. In the event that Host determines in its reasonable discretion that it must replace or repair the roof at the Site, Nexamp shall, ifrequested by Host, temporarily disassemble andremove within a commercially reasonable amount of time all or such portions of the System as may be necessary to accommodate such roof repairs or replacement and shall, after completion of such repairs or replacement, reinstall all or such portions ofthe System as mayhave beentemporarily removed. Within thirty (30) days of Nexamp ‘s delivery of an invoice for such disassembly, removal and / or reinstallation services, Host shall pay to Nexamp the amount invoiced, which shall be charged on a time and materials basis, plus five percent (5), documentation of which shall be supplied with such invoice. Host shall provide at its sole cost and expense storage space and securitymeeting Nexamp’s reasonable approval for any portion of the System disassembled or removed pursuant to this Section 9.1(e). During such time as the System is partially or completely disconnected, Host’s obligation to pay for Solar Services shall be abated for the period during which all or part ofthe System as may be temporarily removed or uninstalled pursuant to this Section 9.1(e). Nexamp agrees to reinstall the System in a manner that will not void the warranty ofthe new roof as repaired or installed. In no event shall Host, or an agent, subcontractor or other party or Affiliate ofHost, move, repair, disassemble or otherwise work on the System. In no event shall the System be partially or completely disassembled under this Section 9.1(e) for longer than one period of not more than sixty (60) consecutive days during the Term. Nexamp shall bearthe cost of roof repair or replacement to the extent it causes damage to the roofwithin the License Area as a direct result of its acts or omissions to act and replacement or repair ofthe roof at the License Area is required therefor. 20 B3708776.6 (f)
