Tenant’s Right to Make Repairs. Notwithstanding any provision to the contrary contained in this Lease, if Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord under this Lease with respect to repair and/or maintenance required in the Premises, including repairs to the portions of the Building that are Landlord’s responsibility under Section 7.4 (the “Base Building”), which event or circumstance with respect to the Base Building materially and adversely affects the conduct of Tenant’s business from the Premises, and Landlord fails to commence corrective action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than thirty (30) days after receipt of said notice (unless Landlord’s obligation cannot reasonably be performed within thirty (30) days, in which event Landlord shall be allowed additional time as is reasonably necessary to perform the obligation so long as Landlord begins performance within the initial thirty (30) days and diligently pursues performance to completion), or, in the event of an Emergency (as defined below), not later than five (5) business days after receipt of such notice, then Tenant shall have the right to undertake such actions as may be reasonably necessary to make such repairs if Landlord thereafter fails to commence corrective action within five (5) business days following Landlord’s receipt of a second written notice from Tenant specifying that Tenant will undertake such actions if Landlord fails to timely do so (provided that such notice shall include the following language in bold, capitalized text: “IF LANDLORD FAILS TO COMMENCE THE REPAIRS DESCRIBED IN THIS LETTER WITHIN FIVE (5) BUSINESS DAYS FROM LANDLORD’S RECEIPT OF THIS LETTER, TENANT WILL PERFORM SUCH REPAIRS AT LANDLORD’S EXPENSE”; provided, however, that in no event shall Tenant undertake any actions that could materially or adversely affect the Base Building. Notwithstanding the foregoing, in the event of an Emergency, no second written notice shall be required as long as Tenant advises Landlord in the first written notice of Tenant’s intent to perform such Emergency repairs if Landlord does not commence the same within such five (5) business day period, utilizing the language required in second notices. If such action was required under the terms of this Lease to be taken by Landlord and was not commenced by Landlord within such five (5) business day period and thereafter...
Tenant’s Right to Make Repairs. Notwithstanding any provision to the contrary contained in this Lease, if Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord under this Lease with respect to repair and/or maintenance required in the Premises, including repairs to the portions of the Building that are Landlord’s responsibility under Section 7.4 (the “Base Building”), which event or circumstance with respect to the Base Building materially and adversely affects the conduct of Tenant’s business from the Premises, and Landlord fails to commence corrective action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than thirty (30) days after receipt of said notice (unless Landlord’s obligation cannot reasonably be performed within thirty (30) days, in which event Landlord shall be allowed additional time as is reasonably necessary to perform the obligation so long as Landlord begins performance within the initial thirty (30) days
Tenant’s Right to Make Repairs. Notwithstanding any provision to the contrary contained in this Lease, if Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord under this Lease with respect to repair and/or maintenance required in the Premises, including repairs to the portions of the Building located within the Premises that are Landlord’s responsibility under Section 7.4 (the “Base Building”), which event or circumstance with respect to the Base Building materially and adversely affects the conduct of Tenant’s business from the Premises, and Landlord fails to commence corrective action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than thirty (30) days after receipt of said notice (unless Landlord’s obligation cannot reasonably be performed within thirty (30) days, in which event
Tenant’s Right to Make Repairs. Notwithstanding any of the TCCs set forth in this Lease to the contrary, if Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord pursuant to the terms of this Lease, and which event or circumstance materially or adversely affects the conduct of Tenant’s business from the Premises, and Landlord fails to commence such required action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than thirty (30) days after receipt of such notice, then Tenant may proceed to take the required action upon delivery of an additional ten (10) business days’ written notice to Landlord specifying that Tenant is taking such required action (provided, however, that the initial thirty
Tenant’s Right to Make Repairs. Notwithstanding any of terms set forth in this Lease to the contrary, if Tenant provides notice (the “Repair Notice”) to Landlord of an event or circumstance which requires the action of Landlord and such repair and/or maintenance relates to (i) improvements which are contained wholly within the Premises (not including any Building core systems and equipment) or (ii) a leak in the roof of the Building, and Landlord fails to provide such action within a reasonable period of time, given the circumstances, after the receipt of such notice, then Tenant may proceed to take the required action upon delivery of an additional ten (10) Business Days notice to Landlord specifying that Tenant is taking such required action (or, in the event of an “Emergency,” as that term is defined, below, not later than one (1) business day after receipt of such Repair Notice, except in connection with repairs to the roof of the Building, which shall require the delivery of an additional one (1) Business Day notice), and if such action was required under the terms of this Lease to be taken by Landlord, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant’s reasonable costs and expenses in taking such action. In the event Tenant takes such action, Tenant shall use only those contractors used by Landlord in the Building for similar work, and in connection with any
Tenant’s Right to Make Repairs. During any period in which the Office Space Leasing Requirement is satisfied, if an “Emergency Situation” (as defined herein) or Adverse Condition involving the Premises or Tenant’s personnel or property exists, and Landlord is obligated under the terms of this Lease to cure or remediate such Emergency Condition or Adverse Condition, then Landlord shall promptly commence and diligently perform all repairs required by Landlord under this Lease or take such other actions, if any, required of Landlord under this Lease to cure or remediate such Emergency Situation or Adverse Condition. Notwithstanding anything to the contrary contained herein, if (i) any Emergency Situation occurs or (ii) there is an actual breach by Landlord of one of its obligations under this Lease (“Landlord Breach”), and such Emergency Situation or Landlord Breach will have a material and adverse impact on Tenant’s ability to conduct its business in the Premises, or any portion thereof constituting at least a full floor or more (an “Adverse Condition”), including, for example, any failure to provide (or cause to be provided) electricity, HVAC, distributed water or elevator access to the Premises, then Tenant shall give Landlord written notice to both Landlord’s property manager and Tenant’s principal contact with Landlord. Thereafter, Landlord shall have (i) two (2) business days to commence a cure with respect to such Emergency Situation or (ii) ten (10) business days to commence a cure of such Adverse Condition, and, in each case, shall diligently prosecute such
Tenant’s Right to Make Repairs a. If Tenant gives Notice to Landlord of the need for any such maintenance, repair or replacement and Landlord fails to commence such maintenance, repair or replacement within ten (10) days or fails to diligently pursue such maintenance, repair or replacement, Tenant may give Landlord Notice of Tenant’s intention to undertake such maintenance, repair or replacement. Upon receipt of such Notice, if Landlord fails to commence or diligently pursue such maintenance, repair or replacement within three (3) business days, then Tenant may proceed to undertake such maintenance, repair or replacement. Tenant may immediately commence repair without further Notice if Xxxxxx’s initial Notice identifies the condition requiring maintenance, repair or replacement as one that involves present or imminent danger of injury to persons or damage to property.
b. All costs and expenses incurred by Xxxxxx in exercising Tenant’s rights under this paragraph, shall bear interest at eight percent (8%) per annum from the date of payment by Tenant, and shall be payable by Landlord to Tenant upon demand, which shall be accompanied by an invoice of such costs and expenses and reasonable documentation substantiating such costs and expenses. If Landlord fails to pay any such amount within ten (10) days after demand therefor, Tenant shall have the right to set off against, and deduct from, rent payable hereunder such amounts owing by Landlord to Tenant.
c. Landlord agrees that any services, replacement, repairs or maintenance done by the Tenant to the Premises, shall not be construed as a waiver by the Tenant of Landlord’s obligations under this Agreement.
d. Tenant shall have no obligation to make alterations to, repair damage to or remedy disrepair of any portion of the Common Area or Building, including, without limitation, the Premises.
Tenant’s Right to Make Repairs. Notwithstanding anything to the contrary contained herein, if (i) any "Emergency Situation" (as defined herein) occurs (ii) there is an actual breach by Landlord of one of its obligations under this Lease ("Landlord Breach"), and such Emergency Situation or Landlord Breach will have a material and adverse impact on Tenant's ability to conduct its business in the Premises, or any portion thereof constituting (A) the Retail Space or
Tenant’s Right to Make Repairs. Landlord and Tenant hereby agree that the parenthetical "(in which case Landlord shall pay the amount it contends would not have been excessive)" set forth in Section 7.2 of the Original Lease is hereby deleted and replaced in its entirety with the parenthetical "(which written objection shall also identify the amounts, if any, Landlord contends would not have been excessive or which are undisputed by Landlord (the "Undisputed Amounts"), which Undisputed Amounts Tenant shall be entitled to deduct from Rent pursuant to the terms of the immediately preceding sentence)".
Tenant’s Right to Make Repairs. Notwithstanding paragraph (a) above, ------------------------------ if Tenant provides written notice to Landlord of Landlord's failure to repair or replace any portion of the Building or the Premises which Landlord is required to repair or replace hereunder and Landlord fails to repair within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than twenty-one (21) days after receipt of such notice (plus such additional time as is reasonably required under the circumstances, assuming that Landlord began work within such twenty-one (21) day period), then Tenant may proceed to make the repair or replacement upon delivery of an additional ten (10) business days' notice to Landlord specifying that Tenant is doing so if such repairs or replacement was not made by Landlord within such ten (10) business day period (or commenced to be made and thereafter pursued diligently to completion). If Tenant makes such repair or replacement following Landlord's refusal to do so, Tenant shall be entitled to prompt reimbursement by Landlord of Tenant's reasonable costs and expenses in doing so plus interest thereon at the Interest Rate as defined in Section 3.4
