Common use of Damages Caused by Tenant Clause in Contracts

Damages Caused by Tenant. Subject to the provisions of Sections 8.5(f) and 9.2, in the event of damage to the Demised Premises or other portions of the Building caused by the acts or omissions of Tenant, its agents, employees, invitees or visitors, the Landlord may, but shall not be obligated to, repair such damage at the expense of Tenant, or, at Landlord's option, such damages shall be repaired by Tenant, at Tenant's expense, with Landlord's approval in accordance with Section 6.4. At Landlord's option, Tenant shall either (a) pay to Landlord the estimated cost of such repairs and/or maintenance within ten (10) days of Tenant's receipt of Landlord's estimate, or (b) upon completion of such repairs and/or maintenance by Landlord, pay to Landlord the actual cost of such repairs and/or maintenance (or the difference between the actual cost and the estimated costs previously paid by Tenant) within ten (10) days of receipt of invoice from Landlord. Landlord's recovery shall not be limited to the diminution in the value of the Demised Premises or leasehold notwithstanding that such repairs and maintenance may occur prior to the expiration of the Lease Term. All such costs shall be deemed Additional Rent. This provision shall be construed as an additional remedy granted to Landlord and not in limitation of any other rights and remedies which Landlord has or may have in said circumstances.

Appears in 2 contracts

Samples: Lease and Lease Extension Agreement (Otg Software Inc), Net2000 Communications Inc

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Damages Caused by Tenant. Subject to the provisions of Sections 8.5(f) and 9.2, in the event of damage to the Demised Premises or other portions of the Building caused by the acts or omissions of Tenant, its agents, employees, invitees or visitors, the Landlord may, but shall not be obligated to, repair such damage at the expense of Tenant, or, at Landlord's ’s option, such damages shall be repaired by Tenant, at Tenant's ’s expense, with Landlord's ’s approval in accordance with Section 6.4. At Landlord's option’s option and subject in each instance to the provisions of Section 8.5(f), Tenant shall either (a) pay to Landlord the estimated cost of such repairs and/or maintenance within ten (10) days of Tenant's ’s receipt of Landlord's ’s estimate, or (b) upon completion of such repairs and/or maintenance by Landlord, pay to Landlord the actual cost of such repairs and/or maintenance (or the difference between the actual cost and the estimated costs previously paid by Tenant) within ten (10) days of receipt of invoice from Landlord. Landlord's ’s recovery shall not be limited to the diminution in the value of the Demised Premises or leasehold notwithstanding that such repairs and maintenance may occur prior to the expiration of the Lease Term. All such costs shall be deemed Additional Rent. This provision shall be construed as an additional remedy granted to Landlord and not in limitation of any other rights and remedies which Landlord has or may have in said circumstances.

Appears in 1 contract

Samples: Office Building Lease (Micromet, Inc.)

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Damages Caused by Tenant. Subject to the provisions of Sections 8.5(f) and 9.2, in the event of damage to the Demised Premises or other portions of the Building caused by the negligent acts or omissions of Tenant, its agents, employees, invitees or visitors, the Landlord Landlord, after written notice to Tenant and a reasonable opportunity to cure, may, but shall not be obligated to, repair such damage at the expense of Tenant, or, at Landlord's option, such damages shall be repaired by Tenant, at Tenant's expense, with Landlord's approval in accordance with Section 6.4. At Landlord's option, Tenant shall either (a) pay to Landlord the estimated cost of such repairs and/or maintenance within ten (10) days of Tenant's receipt of Landlord's estimate, or (b) upon completion of such repairs and/or maintenance by Landlord, pay to Landlord the actual cost of such repairs and/or maintenance (or the difference between the actual cost and the estimated costs previously paid by Tenant) within ten (10) days of receipt of invoice from Landlord. Landlord's recovery shall not be limited to the diminution in the value of the Demised Premises or leasehold notwithstanding that such repairs and maintenance may occur prior to the expiration of the Lease Term. All such costs shall be deemed Additional Rent. This provision shall be construed as an additional remedy granted to Landlord and not in limitation of any other rights and remedies which Landlord has or may have in said circumstances.

Appears in 1 contract

Samples: Quadramed Corp

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