Common use of Reimbursement for Action Clause in Contracts

Reimbursement for Action. If any Required Action or Necessary Action is taken by Lessee pursuant to the terms of this Section then Lessor shall reimburse Lessee for its actual, reasonable and documented repair costs and expenses in taking the Required Action or Necessary Action within thirty (30) days after receipt by Lessor and Mortgagee (in the event Lessee has been provided with Mortgagee’s address for notices) of an invoice from Lessee which sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking the Required Action or Necessary Action on behalf of Lessor (the “Repair Invoice”). In the event Lessor does not reimburse Lessee for the Repair Invoice within thirty (30) days of receipt, then Lessee may, subject to Section 61(b), deduct from the next Rent payable by Lessee under this Lease, the amount of such Repair Invoice, plus interest at the Interest Rate until the Repair Invoice has been fully paid (the “Repair Offset Right”). Notwithstanding the foregoing, if Lessor delivers to Lessee within thirty (30) days after receipt of the Repair Invoice, a written objection to the payments of such invoice, setting forth with reasonable particularity Lessor’s reason for its claim that the Required Action or Necessary Action did not have to be taken by Lessor pursuant to the terms of the Lease or that Lessee breached the terms of this Section, or that the charges are excessive (in which case Lessor shall pay the amount it contends would not have been excessive), then Lessee shall not be entitled to deduct such amount from Rent, but the shall resolve the dispute by appropriate legal action.

Reimbursement for Action. If any Required Action or Necessary Action is taken by Lessee Tenant pursuant to the terms of this Section XV, then Lessor Landlord shall reimburse Lessee Tenant for its actual, reasonable and documented repair third party out of pocket costs and expenses incurred in taking the Required Action or Necessary Action Action, up to a maximum sum equal to two month's Base Rental for the Premises at the then current rate under this Lease, within thirty (30) 30 days after receipt by Lessor and Mortgagee (in the event Lessee has been provided with Mortgagee’s address for notices) Landlord of an invoice from Lessee Tenant which sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking the Required Action or Necessary Action on behalf of Lessor Landlord (the “"Repair Invoice”"). In the event Lessor If Landlord does not reimburse Lessee Tenant for the a properly presented Repair Invoice within thirty (30) 30 days of receipt, then Lessee may, subject to Section 61(b), Tenant may deduct from the next Rent payable by Lessee Tenant under this Lease, the amount of such set forth in the Repair Invoice, plus interest at up to the Interest Rate until the Repair Invoice has been fully paid maximum amount permitted under this Section XV.D (the “Repair "Offset Right”"). Tenant shall provide such backup materials and access to books and records as Landlord shall reasonably require to verify Tenant's actual costs of taking the Required Action. Notwithstanding the foregoingforegoing provisions of this paragraph to the contrary, if Lessor Landlord delivers to Lessee Tenant within thirty (30) 30 days after receipt of the Repair Invoice, a written objection to the payments payment of such invoice, setting forth with reasonable particularity Lessor’s Landlord's reason for its claim that the Required Action or Necessary Action did not have to be taken by Lessor Landlord pursuant to the terms of the this Lease or that Lessee Tenant breached the terms of this Section, Section XV or that the charges are excessive (in which case Lessor Landlord shall pay the amount it contends would not have been excessive), then Lessee Tenant shall not be entitled to deduct such amount from Rent, but the dispute may be submitted to a court of competent jurisdiction in accordance with the terms of this Lease for resolution and, if resolved in Tenant's favor, Tenant shall resolve the dispute by appropriate legal actionbe entitled to deduct such amount, plus any reasonable court costs and expenses and attorneys' fees allowable under this Lease.

Reimbursement for Action. If any Required Action or Necessary Action is taken by Lessee pursuant to the terms of this Section Paragraph 59 then Lessor Lessee shall reimburse deliver a detailed written invoice to Lessor, together with reasonable supporting documentation substantiating the actual costs incurred by Lessee for its actual, reasonable and documented repair costs and expenses in taking the Required Action or Necessary Action within thirty (30) days after receipt by Lessor and Mortgagee (in the event Lessee has been provided with Mortgagee’s address for notices) of an invoice from Lessee which sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking the Required Action or Necessary Action on behalf of Lessor (the “Repair Lessee Invoice”). In the event , and if Lessor does not reimburse Lessee for the Repair Invoice within thirty (30) days of receipt, then Lessee may, subject to Section 61(b), deduct from the next Rent payable by Lessee under this Lease, the amount of such Repair Invoice, plus interest at the Interest Rate until the Repair Invoice has been fully paid (the “Repair Offset Right”). Notwithstanding the foregoing, if Lessor delivers deliver a written objection to Lessee within thirty fifteen (3015) business days after receipt of the Repair Lessee Notice, then Lessee shall be entitled to reimbursement from Lessor of the amount set forth in such Lessee Invoice. If, however, Lessor delivers to Lessee, within fifteen (15) business days after receipt of the Lessee Invoice, a written objection to the payments payment of such invoiceLessee Invoice, setting forth with reasonable particularity Lessor’s reason reasons for its claim that the such Required Action or Necessary Action did not have to be taken by Lessor pursuant to the terms of the this Lease or that Lessee breached the terms of this Section, or that the charges are excessive (in which case Lessor shall pay the amount it contends would not have been excessive), then, as Lessee’s sole and exclusive remedy, the matter shall proceed to resolution by arbitration pursuant to the then current commercial arbitration rules of the American Arbitration Association (“AAA”) with venue in Los Angeles County, California, or if the AAA no longer exists, then a comparable arbitration service mutually selected by Lessor and Lessee, and the costs of such arbitration shall be paid to the prevailing party in the arbitration if and to the extent awarded by the arbitrator. If Lessee obtains a final judgment against Lessor in such an arbitration proceeding and Lessor fails to make payment to Lessee in the amount of such judgment within ten (10) days following Lessee’s demand for such payment, then Lessee shall not be entitled have the right to deduct up to fifty percent (50%) of the amount of Lessee’s monthly Base Rent payments under this Lease until such time as Lessee has deducted an amount equal to the amount of such judgment, together with interest on any unpaid outstanding balance of such judgment that may exist from Renttime to time, but at the shall resolve the dispute by appropriate legal actionrate of ten percent per annum.

Reimbursement for Action. If any Required Action or Necessary ------------------------ Action is taken by Lessee Tenant pursuant to the terms of this Section Paragraph 10.3, then Lessor Landlord shall reimburse Lessee Tenant for its actual, reasonable and documented repair costs and expenses in taking the Required Action or Necessary Action within thirty (30) days after receipt by Lessor and Mortgagee (in the event Lessee has been provided with Mortgagee’s address for notices) Landlord of an invoice from Lessee Tenant which sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking the Required Action or Necessary Action on behalf of Lessor Landlord (the “"Repair Invoice”"). In the event Lessor Landlord does not reimburse Lessee Tenant for the Repair Invoice within thirty (30) days of receipt, then Lessee may, subject to Section 61(b), Tenant may deduct from the next Rent payable by Lessee Tenant under this Lease, the amount of such set forth in the Repair Invoice, Invoice plus interest at the Interest Rate until the Repair Invoice has been fully paid (the “Repair "Offset Right”"). Notwithstanding the foregoing, if Lessor Landlord delivers to Lessee Tenant within thirty (30) days after receipt of the Repair Invoice, a written objection to the payments of such invoice, setting forth with reasonable particularity Lessor’s Landlord's reason for its claim that the Required Action or Necessary Action did not have to be taken by Lessor Landlord pursuant to the terms of the this Lease or that Lessee Tenant breached the terms of this SectionParagraph 10.3, or that the charges are excessive (in which case Lessor Landlord shall pay the amount it contends would not have been excessive), then Lessee Tenant shall not be entitled to deduct such amount from Rent, but the shall resolve dispute may be submitted to arbitration in accordance with the dispute by appropriate legal actionterms of Paragraph 5 of this Lease for resolution.