Common use of Required Repairs Clause in Contracts

Required Repairs. Borrower shall perform all of the repairs (on an Individual Property by Individual Property basis) at the applicable Individual Properties, as more particularly set forth on Schedule 5.1.32 hereto (such repairs hereinafter referred to as “Required Repairs”) (i) in compliance with all applicable Legal Requirements, (ii) in a Lien-free, good and workmanlike manner and (iii) prior to the date set forth on Schedule 5.1.32 with respect to such Required Repairs (each such date, a “Required Repair Deadline”). It shall constitute an Event of Default if Borrower does not complete each Required Repair by the applicable Required Repair Deadline, provided that, if Borrower shall have been unable to complete a Required Repair by the applicable Required Repair Deadline, after using commercially reasonable efforts to do so, including, without limitation, if caused by delays due to weather or force majeure, such Required Repair Deadline shall be automatically extended solely as to such Required Repair to permit Borrower to complete such Required Repair so long as Borrower is at all times thereafter diligently and expeditiously proceeding to complete the same. Notwithstanding the foregoing, to the extent any Required Repair is the responsibility of a Tenant pursuant to a Lease, Borrower shall be obligated only to use commercially reasonably efforts to have such Tenant complete such Required Repair on or prior to the Required Repair Deadline.

Appears in 2 contracts

Samples: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)

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Required Repairs. Borrower and Op Co Pledgor shall cause Mortgage Borrower or Operating Lessee to perform all of the repairs (on an Individual Property by Individual Property basis) at the applicable Individual Properties, Property as more particularly set forth on Schedule 5.1.32 VI hereto (such repairs hereinafter referred to as repairs, collectively, the “Required Repairs”) (i) in compliance with all applicable Legal Requirements, (ii) in a Lien-free, good and workmanlike manner and (iii) prior to the date set forth on Schedule 5.1.32 with respect to such Required Repairs (each such date, a “Required Repair Deadline”). It shall constitute be an Event of Default if Mortgage Borrower or Operating Lessee does not complete each the Required Repair by Repairs within one (1) year from the applicable Required Repair Deadlinedate hereof, provided thatprovided, that if Mortgage Borrower and/or Operating Lessee shall have been unable to complete a Required Repair by the applicable Required Repair Deadlinerequired deadline, after using commercially reasonable efforts to do so, includingas a result of Force Majeure or a Casualty or Condemnation at such Individual Property, without limitation, if caused by delays due to weather or force majeure, such Required Repair Deadline the required deadline shall be automatically extended solely as to such Required Repair to permit Mortgage Borrower and/or Operating Lessee to complete such Required Repair so long as Mortgage Borrower and/or Operating Lessee is at all times thereafter diligently and expeditiously proceeding to complete the same. Notwithstanding the foregoing, to the extent same (provided that such additional period shall not exceed ninety (90) days in respect of any Required Repair is the responsibility of a Tenant pursuant to a Lease, Borrower shall be obligated only to use commercially reasonably efforts to have such Tenant complete such Required Repair on or prior to the Required Repair DeadlineRepair).

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Hersha Hospitality Trust)

Required Repairs. The applicable Individual Borrower or Individual Operating Lessee shall perform all of the repairs (on an at each Individual Property by Individual Property basis) at the applicable Individual PropertiesProperty, as more particularly set forth on Schedule 5.1.32 5.1.30 hereto (such repairs hereinafter referred to as “Required Repairs”) (i) in compliance with all ). The applicable Legal Requirements, (ii) in a Lien-free, good and workmanlike manner and (iii) prior to Individual Borrower or Individual Operating Lessee shall complete each of the date Required Repairs within the time frame set forth on Schedule 5.1.32 with respect to such 5.1.30 (collectively, the “Required Repairs (each such date, a “Required Repair Deadline”). It shall constitute be an Event of Default if the applicable Individual Borrower or Individual Operating Lessee does not complete each the Required Repair by Repairs at the applicable Individual Property on or before the Required Repair Repairs Deadline; provided, provided thathowever, if such applicable Individual Borrower or Individual Operating Lessee shall have been unable to complete a Required Repair by the applicable Required Repair Deadline, after using commercially reasonable efforts to do soso and provided that the failure to complete such Required Repair does not endanger any tenant, includingpatron or other occupant of the applicable Individual Property or the general public and does not materially and adversely affect the value of such Individual Property, without limitation, if caused by delays due to weather or force majeure, such the Required Repair Deadline shall be automatically extended solely as to such Required Repair to permit the applicable Individual Borrower or Individual Operating Lessee to complete such Required Repair so long as such applicable Individual Borrower or Individual Operating Lessee is at all times thereafter diligently and expeditiously proceeding to complete the same. Notwithstanding the foregoing, to the extent any Required Repair is the responsibility of a Tenant pursuant to a Lease, Borrower shall be obligated only to use commercially reasonably efforts to have such Tenant complete such Required Repair on or prior to the Required Repair Deadline.

Appears in 1 contract

Samples: Loan Agreement (Park Hotels & Resorts Inc.)

Required Repairs. Borrower shall perform all of the repairs (on an Individual Property by Individual Property basis) at the applicable Individual Properties, as more particularly set forth on Schedule 5.1.32 7.1 hereto (such repairs hereinafter referred to as “Required Repairs”) (i) in compliance with all applicable Legal Requirements, (ii) in a Lien-free, good and workmanlike manner and (iii) prior to ). Borrower shall complete each of the date set forth on Schedule 5.1.32 with respect to such Required Repairs by January 7, 2018 (each such date, a the “Required Repair Repairs Deadline”). It shall constitute be an Event of Default under this Agreement if Borrower does not complete each the Required Repair by Repairs at the applicable Individual Property on or before the Required Repair Repairs Deadline; provided, provided thathowever, if Borrower shall have been unable to complete a Required Repair by the applicable Required Repair Deadline (or if the Property is a Brand Managed Property and the Manager has not completed such Required Repair and is obligated to complete such Required Repair by the Required Repair Deadline, ) after using commercially reasonable efforts to do so (or with respect to any Brand Managed Property, causing the applicable Brand Manager to do so) and provided that the failure to complete such Required Repair does not endanger any tenant, includingpatron or other occupant of the Individual Property or the general public and does not materially and adversely affect the value of the Individual Property, without limitation, if caused by delays due to weather or force majeure, such the Required Repair Deadline shall be automatically extended solely as to such Required Repair to permit Borrower to complete such Required Repair so long as Borrower is at all times thereafter diligently and expeditiously proceeding to complete the same. Notwithstanding same or with respect to any Brand Managed Property, for such extended period of time as the foregoing, Manager is provided to the extent any Required Repair is the responsibility of a Tenant pursuant to a Lease, Borrower shall be obligated only to use commercially reasonably efforts to have such Tenant complete such Required Repair on or prior to under the Management Agreement so long as Manager shall be completing such Required Repair Deadlinein accordance with the Management Agreement) (provided that such additional period shall not exceed ninety (90) days in respect of any Required Repair).

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

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Required Repairs. Borrower shall perform all of the repairs (on an Individual Property described in that certain letter by Individual Property basis) at the applicable Individual Properties, as more particularly set forth on Schedule 5.1.32 hereto Borrower to Lender dated of even date herewith (such repairs hereinafter referred to as “Required Repairs”) (ia) in compliance in all material respects with all applicable Legal Requirements, (iib) in a Lienlien-free, good and workmanlike manner and (iiic) prior to the date set forth on Schedule 5.1.32 with respect to such Required Repairs twelve-month anniversary of the Closing Date (each such date, a the “Required Repair Deadline”). It shall constitute an Event of Default if Borrower does not complete each Required Repair by the applicable Required Repair Deadline, provided that, if Borrower shall have been unable to complete a Required Repair by the applicable Required Repair Deadline, after using commercially reasonable efforts to do so, including, without limitation, if caused by delays due to weather or force majeure, such Required Repair Deadline shall be automatically extended solely as to such Required Repair to permit Borrower to complete such Required Repair so long as Borrower is at all times thereafter diligently and expeditiously proceeding to complete the same. Notwithstanding the foregoing, to the extent any Required Repair is the responsibility of a Tenant pursuant to a Lease, Borrower shall be obligated only to use commercially reasonably efforts to have such Tenant complete such Required Repair on or prior to the Required Repair Deadline.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

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