Common use of General Action Clause in Contracts

General Action. If Lessee provides notice (the “First Notice”) to Lessor of an event or circumstance which pursuant to the terms of this Lease requires Lessor to repair, alter, improve and/or maintain the Premises (a “Required Action”), other than an event covered by Section 9 or 14 (collectively, the “Excluded Events”) and Lessor fails to provide the Required Action within the time period required by this Lease, or a reasonable period of time, if no specific time period is specified in this Lease, after the receipt of the Repair Notice (the “Notice Date”), or, in any event, does not commence the Required Action within ten (10) days after the Notice Date and complete the Required Action within thirty (30) days after the Notice Date (provided that if the nature of the Required Action is such that the same cannot be reasonably completed within a thirty (30) day period, Lessor’s time period for completion shall not be deemed to have expired if Lessor diligently commences such cure within such period and thereafter diligently proceeds to rectify and complete the Required Action, as soon as possible), then Lessee may proceed to take the Required Action, pursuant to the terms of the Lease, and shall deliver a second notice to Lessor specifying that Lessee is taking the Required Action (the “Second Notice”).

Appears in 2 contracts

Samples: Standard Office Lease (Xencor Inc), Standard Office Lease (Xencor Inc)

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General Action. If Lessee provides Tenant may provide Landlord with written notice -------------- (the “First "Repair Notice") to Lessor of an any event or circumstance which pursuant to the terms of this Lease requires Lessor Landlord to repair, alter, improve and/or maintain the Premises (a "Required Action"), other than an event covered by Section 9 or 14 (collectively, the “Excluded Events”) and Lessor fails to . Landlord shall provide the Required Action within the time period required by this Lease, or a reasonable period of timeor, if no specific time period is specified in this Lease, Landlord shall commence the Required Action within a reasonable time (not to exceed ten (10) days) after the date of Landlord's receipt of the Repair Notice (the "Notice Date"), or, in any event, does not commence the Required Action within ten (10) days after the Notice Date and shall complete the Required Action within thirty (30) days after the Notice Date (Date; provided that if the nature of the Required Action is such that the same cannot reasonably be reasonably completed within a thirty (30) day period, Lessor’s Landlord's time period for completion shall not be deemed to have expired if Lessor Landlord diligently commences such cure within such period and thereafter diligently proceeds to rectify and complete the Required Action, as soon as possible). If Landlord fails to commence or complete the Required Action within the applicable time periods, then Lessee upon Tenant's delivery to Landlord of a second written notice specifying that Tenant is taking the Required Action (the "Second Notice"), Tenant may proceed to take the Required Action, pursuant to the terms of the Lease, and shall deliver a second notice to Lessor specifying that Lessee is taking the Required Action (the “Second Notice”).

Appears in 1 contract

Samples: Construction Agreement (Smart & Final Inc/De)

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General Action. If Lessee provides notice (the “First Notice”) to Lessor of an event or circumstance which pursuant to Paragraph 7.2 (as amended and supplemented by Addendum Paragraph 54) of the terms of this Lease requires Lessor to repair, alter, improve and/or maintain repair any element of the Premises (a “Required Action”), other than an event covered by Section 9 or 14 (collectively, the “Excluded Events”) and Lessor fails to provide the Required Action within the time period required by this Lease, or a reasonable period of time, if no specific time period is specified in this Lease, after the receipt of the Repair Notice (the “Notice Date”), or, in any event, does not commence the Required Action within ten (10) days after the Notice Date and complete the Required Action within thirty (30) days after the receipt of Lessee’s First Notice Date to perform such repair obligation (provided that if the nature of the Required Action is such that the same cannot be reasonably completed within a thirty (30) day period, Lessor’s time period for completion shall not be deemed to have expired if Lessor diligently commences such cure within such period to the extent reasonably possible and thereafter diligently proceeds to rectify and complete the Required Action, as soon as possible), then Lessee may proceed to take the Required Action, pursuant to the terms of the this Lease, and shall deliver provided Lessee first delivers to Lessor a second notice to Lessor specifying that Lessee is taking will take the Required Action (the "Second Notice”) and Lessor fails to commence the Required Action within five (5) business days after Lessor’s receipt of the Second Notice (the “Second Cure Period”). To the extent Lessee is permitted by this Paragraph 59 to remedy any Required Action, Lessee shall contract with the original contractor or, as necessary, the original subcontractor or supplier for the portion of the Premises that is the subject of the Remedial Action unless such contractor, subcontractor or supplier is unavailable or unwilling to do the work or supply the equipment, in which case Lessee shall contract with a licensed and bonded contractor or supplier with at least ten (10) years of continuous experience in the type of building work that is the subject of the Remedial Action (each, a “Qualified Contractor”). Lessee shall obtain at least two (2) competitive bids from Qualified Contractors and select the lowest responsible bid. Notwithstanding expiration of the Second Cure Period and commencement of the Required Action, Lessor shall have the right at any time to assume direct responsibility for the Required Action.

Appears in 1 contract

Samples: Letter Agreement (Virco MFG Corporation)

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