Common use of Damage Caused by Tenant Clause in Contracts

Damage Caused by Tenant. Tenant will promptly notify Landlord of any injury or damage to the Premises, Building or Project. Tenant will repair, at its sole cost at Landlord’s direction and under Landlord’s supervision, all injury or damage Tenant or its agents, employees, contractors, invitees, visitors, or licensees cause to the Premises, Building or Project; provided, however, that if any such injury or damage is to any of the Building systems or structures, including the mechanical, electrical, structural, HVAC, plumbing, elevator, sprinkler and/or life/safety systems, Tenant may not make any repairs thereto, but Landlord may in its sole and absolute subjective discretion make any such repairs at Tenant’s sole cost. Tenant will pay to Landlord any such cost Landlord incurs (in which event such cost will become Additional Rent payable with the installment of Base Rent next becoming due under the terms of this Lease). If Tenant fails to make any repairs it is required to make under this Lease, Landlord may, in its sole and absolute subjective discretion, make such repairs or replacements. Tenant will pay to Landlord any such cost Landlord incurs (in which event such cost will become Additional Rent payable with the installment of Base Rent next becoming due under the terms of this Lease). The Additional Rent referenced in this Section 19 will bear interest from the date Landlord incurs the costs to the date paid by Tenant at the Default Rate. This provision will be construed as an additional remedy granted to Landlord and not in limitation of any other rights and remedies that Landlord may have in such circumstances.

Appears in 4 contracts

Samples: Work Agreement (Callidus Software Inc), Lease (Taleo Corp), Lease (Taleo Corp)

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Damage Caused by Tenant. Tenant will promptly notify Landlord of any shall be responsible for all damage or injury or damage to the Premises, to the alterations and equipment therein or appurtenant thereto, to alterations and equipment performed or installed by Tenant elsewhere in the Building, and to any part of the Building or Project. Tenant will repairto the Building's fixtures and equipment, at its sole cost at Landlord’s direction and under Landlord’s supervisioncaused by or resulting from carelessness, all injury omission, neglect or damage Tenant or its improper conduct of Tenant, Tenant's agents, employees, contractors, invitees, visitors, invitees or licensees cause licensees. Tenant shall repair property so damaged or injured to a quality and class equal to the Premisesoriginal work or construction. In the event Tenant shall fail within thirty (30) days after notice by Landlord to commence such repairs and diligently pursue same to completion, Building Landlord shall commence such repairs and Tenant shall pay the Landlord as Additional Rent an amount equal to all of Landlord's costs and expenses of repairing damage or Project; providedinjury for which Tenant is responsible hereunder. In addition, however, that if any such injury repairs are performed by Landlord's employees or damage is to any of the Building systems or structures, including the mechanical, electrical, structural, HVAC, plumbing, elevator, sprinkler and/or life/safety systemsby more than one contractor, Tenant may not make any repairs thereto, but Landlord may in its sole and absolute subjective discretion make any such repairs at Tenant’s sole cost. Tenant will shall pay to Landlord any such cost Landlord incurs (in which event such cost will become as Additional Rent payable with the installment an amount equal to 25 percent of Base Rent next becoming due under the terms Landlord's direct costs and expenses of this Lease). If Tenant fails to make any repairs it is required to make under this Leasesuch repairs, Landlord may, in its sole representing Landlord' s administrative costs and absolute subjective discretion, make a reasonable xxxx-up for providing such repairs or replacementsservice. Tenant will also shall pay to Landlord any such cost Landlord incurs (in which event such cost will become as Additional Rent the amount of rent payable with the installment by other tenants which is lost by Landlord as a result of Base Rent next becoming due under the terms damage or injury to property caused by or resulting from carelessness, omission, neglect or improper conduct of this Lease)Tenant, Tenant's agents, employees, contractors, invitees or licensees. The Additional Rent referenced in this Section 19 will bear interest from the date Landlord incurs the costs to the date paid by Tenant at the Default Rate. This provision will be construed as an above provisions are additional remedy remedies granted to Landlord and are not in limitation of any other rights and remedies that which Landlord may have under this Lease or at law or in equity. Notwithstanding the foregoing, Tenant shall not be liable to Landlord for any cost, expense or loss of rent under this paragraph to the extent that Landlord is insured against such circumstanceshazards and damages under an insurance policy containing a waiver of subrogation clause and to the extent that the proceeds of such insurance actually compensate Landlord for such cost, expense or loss of rent.

Appears in 1 contract

Samples: Exigent International Inc

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