Common use of Maintenance Default Clause in Contracts

Maintenance Default. In the event of a default by Phase One Owner in the maintenance, operation or repair of the Lift Station, Phase Two Owner shall give written notice to Phase One Owner, specifying the nature of such default. Phase One Owner shall have a period of fifteen (15) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided Phase One Owner shall have commenced a cure within said fifteen-day period and is diligently prosecuting same), failing which Phase Two Owner shall have the right to effect the required repair or maintenance of the Lift Station. Notwithstanding the foregoing, if the default is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition, the fifteen (15) day period for cure of such default shall be accelerated to be a period of time which is reasonable in light of the nature of the emergency. All costs incident to repair of the Lift Station shall be borne as provided in subsection (c) above or as otherwise provided herein.