Common use of Right to Make Repairs Clause in Contracts

Right to Make Repairs. Notwithstanding any provision set forth in the Lease to the contrary, if Lessee provides written notice (or oral notice in the event of an emergency such as damage or destruction to the Structural Components and Building Systems) to Lessor of an event or circumstance which requires the action of Lessor with respect to repair and/or maintenance, and Lessor fails to provide such action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than twenty-one (21) days after receipt of such notice, then Lessee may proceed to take the required action upon delivery of an additional ten (10) business days’ notice to Lessor specifying that Lessee is taking such required action (provided, however, that neither of such notices shall be required in the event of an emergency which threatens life or where there is imminent danger of damage to the building), and if such action was required under the terms of the Lease to be taken by Lessor and was not taken by Lessor within such ten (10) business day period, then Lessee shall be entitled to prompt reimbursement by Lessor of Lessee’s reasonable costs and expenses in taking such action plus interest thereon equal to the Prime Rate then in effect at Bank of America, plus 2% (“Interest Rate”). In the event Lessee takes such action, and such work will affect the Structural Components and Building Systems, Lessee shall use only those contractors used by Lessor in the building for work on such Structural Components and Building Systems unless such contractors are unwilling or unable to perform, or timely and competitively perform, such work, in which event Lessee may utilize the services of any other qualified contractor which normally and regularly performs similar work in buildings comparable to the building. Furthermore, if Lessor does not deliver a detailed written objection to Lessee within thirty (30) days after receipt of an invoice by Lessee of its costs of taking action which Lessee claims should have been taken by Lessor, and if such invoice from Lessee sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking such action on behalf of Lessor, then Lessee shall be entitled to deduct from rent payable by Lessee under the Lease, the amount set forth in such invoice. If, however, Lessor delivers to Lessee, within thirty (30) days after receipt of Lessee’s invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Lessor’s reasons for its claim that such action did not have to be taken by Lessor pursuant to the terms of the Lease 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 then be entitled to such deduction from rent, but as Lessee’s sole remedy, Lessee may proceed to claim a default by Lessor or, if elected by either Lessor or Lessee, the matter shall proceed to resolution by the selection of an arbitrator to resolve the dispute, which arbitrator shall be selected and qualified pursuant to the procedures set forth herein, and whose costs shall be paid for by the losing party, unless it is not clear that there is a “losing party,” in which event the costs of arbitration shall be shared equally. If Lessee prevails in the arbitration, the amount of the award (which shall include interest at the Interest Rate (defined below) from the time of each expenditure by Lessee until the date Lessee receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Lessee from the rents next due and owing under the Lease.

Right to Make Repairs. Notwithstanding any provision set forth in the Lease to the contrary, if Lessee Tenant provides written notice (or oral notice in the event of an emergency such as damage or destruction to the Structural Components and Building Systemsemergency) to Lessor Landlord of an event or circumstance which requires the action of Lessor Landlord with respect to repair and/or maintenancemaintenance and Landlord's failure to perform that work will result in a material impairment of Tenant's business operations in the Premises, and Lessor Landlord fails to provide such action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than twenty-one (21) days after receipt of such notice, then Lessee Tenant may proceed to take the required action upon delivery of an additional ten (10) business days’ ' notice to Lessor Landlord specifying that Lessee Tenant is taking such required action (provided, however, that neither of such notices shall be required in the event of an emergency which threatens life or where there is imminent danger of damage to the buildingproperty), and if such action was required under the terms of the Lease to be taken by Lessor Landlord and was not taken by Lessor Landlord within such ten (10) business day period, then Lessee Tenant shall be entitled to prompt reimbursement by Lessor Landlord of Lessee’s Tenant's reasonable costs and expenses in taking such action plus interest thereon equal to at the Prime Rate then in effect at Bank of America, plus 2% (“Interest Rate”). In the event Lessee Tenant takes such action, and such work will affect the Structural Components and Building Systemsstructure and/or the Building systems, Lessee Tenant shall use only those contractors used by Lessor Landlord in the building Building for work on such Structural Components and Building Systems structure or Building systems unless such contractors are unwilling or unable to perform, or timely and competitively perform, such work, in which event Lessee Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in buildings comparable to the buildingbuildings. Furthermore, if Lessor Landlord does not deliver a detailed written objection to Lessee Tenant within thirty (30) days after receipt of an invoice by Lessee Tenant of its costs of taking action which Lessee Tenant claims should have been taken by LessorLandlord, and if such invoice from Lessee Tenant sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking such action on behalf of LessorLandlord, then Lessee Tenant shall be entitled to deduct from rent Rent payable by Lessee Tenant under the Lease, the amount set forth in such invoice. If, however, Lessor Landlord delivers to LesseeTenant, within thirty (30) days after receipt of Lessee’s Tenant's invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Lessor’s Landlord's reasons for its claim that such action did not have to be taken by Lessor Landlord pursuant to the terms of the Lease 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 then be entitled to such deduction from rentRent, but as Lessee’s Tenant's sole remedy, Lessee Tenant may proceed to claim a default by Lessor or, if elected Landlord. The provisions of this paragraph 59 shall not apply to any damage or destruction governed by either Lessor or Lessee, the matter shall proceed to resolution by the selection paragraph 9 of an arbitrator to resolve the dispute, which arbitrator shall be selected and qualified pursuant to the procedures set forth herein, and whose costs shall be paid for by the losing party, unless it is not clear that there is a “losing party,” in which event the costs of arbitration shall be shared equally. If Lessee prevails in the arbitration, the amount of the award (which shall include interest at the Interest Rate (defined below) from the time of each expenditure by Lessee until the date Lessee receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Lessee from the rents next due and owing under the this Lease.

Right to Make Repairs. Notwithstanding any provision set forth Tenant shall continue to have its right to --------------------- make repairs' pursuant to and in accordance with Paragraph 2 of the Addendum, except that the following shall be added to the end of the second (2nd) paragraph of such Paragraph 2: "Such reimbursement shall be made within thirty (30) days after Landlord's receipt of invoice of such costs and expenses, and if Landlord fails to so reimburse Tenant within such 30-day period, then Tenant shall be entitled to deduct from the Base Annual Rent payable by Tenant under the Lease the amount of such invoice; provided, however, that notwithstanding the foregoing to the contrary, if Lessee provides (i) Landlord delivers to Tenant within such thirty (30) day period described above, a written notice (or oral notice in the event of an emergency objection to Tenant's right to receive any such as damage or destruction reimbursement based upon Landlord's claim that such action did not have to be made by Landlord pursuant to the Structural Components and Building Systemsterms of this Lease, or (ii) Landlord delivers to Lessor of an event or circumstance which requires the action of Lessor with respect to repair and/or maintenanceTenant, and Lessor fails to provide such action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than twenty-one thirty (2130) days after receipt of Tenant's invoice, a written objection to the payment of such noticeinvoice based upon Landlord's claim that such charges are excessive (in which case, Landlord shall reimburse Tenant, within such 30-day period, the amount Landlord contends would not be excessive), then Lessee Tenant shall not be entitled to such reimbursement or deduction from Base Annual Rent, but Tenant, as its sole remedy, may proceed to take the required action upon delivery of an additional ten (10) business days’ notice submit its claim for reimbursement to Lessor specifying that Lessee is taking such required action (provided, however, that neither of such notices shall be required in the event of an emergency which threatens life or where there is imminent danger of damage arbitration pursuant to the building), and if such action was required under the terms following provisions of the Lease to be taken by Lessor and was not taken by Lessor within such ten (10) business day period, then Lessee shall be entitled to prompt reimbursement by Lessor of Lessee’s reasonable costs and expenses in taking such action plus interest thereon equal to the Prime Rate then in effect at Bank of America, plus this Paragraph 2% (“Interest Rate”). In the event Lessee takes Tenant undertakes such actionrepairs and/or maintenance, as permitted in this Paragraph 2, and such work will affect the Structural Components systems and Building Systemsequipment of the Building, Lessee the structural components and/or structural integrity of the Building, and/or exterior appearance of the Building, Tenant shall use only those unrelated third party contractors used by Lessor Landlord in the building Building for such work on such Structural Components and Building Systems unless such contractors are unwilling or unable to perform, or timely and competitively perform, perform such work, work in which event Lessee Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in comparable buildings comparable to in the buildingvicinity of the Building. Furthermore, if Lessor does not deliver a detailed written objection to Lessee within thirty (30) days after receipt of an invoice by Lessee of its costs of taking action which Lessee claims should have been taken by Lessor, and if such invoice from Lessee sets forth a reasonably particularized breakdown of its costs and expenses in connection Tenant shall comply with taking such action on behalf of Lessor, then Lessee shall be entitled to deduct from rent payable by Lessee under the Lease, the amount set forth in such invoice. If, however, Lessor delivers to Lessee, within thirty (30) days after receipt of Lessee’s invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Lessor’s reasons for its claim that such action did not have to be taken by Lessor pursuant to the terms and conditions of this Lease if Tenant takes the Lease 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 then be entitled to such deduction from rent, but as Lessee’s sole remedy, Lessee may proceed to claim a default by Lessor or, if elected by either Lessor or Lessee, the matter shall proceed to resolution by the selection of an arbitrator to resolve the dispute, which arbitrator shall be selected and qualified pursuant to the procedures set forth herein, and whose costs shall be paid for by the losing party, unless it is not clear that there is a “losing party,” in which event the costs of arbitration shall be shared equally. If Lessee prevails in the arbitration, the amount of the award (which shall include interest at the Interest Rate (defined below) from the time of each expenditure by Lessee until the date Lessee receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Lessee from the rents next due and owing under the Leaserequired action.

Right to Make Repairs. Notwithstanding any provision set forth in the Lease to the contrary, if Lessee provides written notice (or oral notice in In the event of an emergency such as damage or destruction to the Structural Components and Building Systems) to Lessor of an event or circumstance which requires the action of Lessor with respect to repair and/or maintenance, and Lessor that Tenant fails to provide such action within a reasonable period of timemaintain the Premises, given the circumstancesBuilding and Project in good and sanitary order, after the receipt of such noticecondition and repair as required by this Lease, but in any event not later than twenty-one then, following three (21) days after receipt of such notice, then Lessee may proceed to take the required action upon delivery of an additional ten (103) business days’ notice ' prior written notification to Lessor specifying that Lessee is taking such required action Tenant (providedexcept in the case of an emergency, however, that neither of such notices in which case no prior notification shall be required in the event of an emergency which threatens life or where there is imminent danger of damage to the buildingrequired), Landlord shall have the right, but not the obligation, to enter the Premises and if to do such action was acts and expend such funds at the expense of Tenant as are required under to place the terms of the Lease to be taken Premises, Building and Project in good, safe and sanitary order, condition and repair. Any amount so expended by Lessor and was not taken by Lessor within such ten (10) business day period, then Lessee Landlord shall be entitled to prompt reimbursement paid by Lessor of Lessee’s reasonable costs and expenses in taking such action plus interest thereon equal to the Prime Rate then in effect at Bank of America, plus 2% (“Interest Rate”)Tenant promptly upon demand as additional rent. In the event Lessee takes that Landlord fails to provide any of the services required under Section IX hereof or fails to provide any of Landlord's repair or maintenance obligations under Section X hereof (except as expressly limited or provided in such actionSections), Tenant may, if Landlord shall fail, within five (5) days notice to Landlord, to commence any such service, repair or maintenance obligation and thereafter diligently prosecute the same to completion, perform or cause to be performed any such service, repair or maintenance, using reasonable commercial efforts to obtain fair competitive pricing, and such work will affect xxxx the Structural Components and Building SystemsLandlord for the actual cost thereof, Lessee which xxxx Landlord shall use only those contractors used by Lessor in the building for work on such Structural Components and Building Systems unless such contractors are unwilling or unable to perform, or timely and competitively perform, such work, in which event Lessee may utilize the services of any other qualified contractor which normally and regularly performs similar work in buildings comparable to the building. Furthermore, if Lessor does not deliver a detailed written objection to Lessee pay within thirty (30) days after of receipt of an invoice by Lessee of its costs of taking action which Lessee claims should have been taken by Lessor, and if such invoice from Lessee sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking such action on behalf of Lessor, then Lessee shall be entitled thereof. Tenant's obligation to deduct from rent payable by Lessee under the Lease, the amount notify Landlord as set forth in the previous sentence shall not be required under 30 circumstances where an imminent threat, or present damage, to persons or property exists or is occurring; provided that under such invoice. Ifemergency circumstances, howeverTenant shall take only those actions reasonably necessary to protect Tenant's property, Lessor delivers to Lessee, within thirty (30) days after receipt of Lessee’s invoice, a written objection prevent continuing damage or waste to the payment of such invoiceBuilding and to Landlord's property, setting forth with reasonable particularity Lessor’s reasons for its claim that such action did not have to be taken by Lessor pursuant to the terms of the Lease materials, services 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 then be entitled to such deduction from rent, but as Lessee’s sole remedy, Lessee may proceed to claim a default by Lessor or, if elected by either Lessor or Lessee, the matter shall proceed to resolution by the selection of an arbitrator to resolve the dispute, which arbitrator shall be selected and qualified pursuant to the procedures set forth hereinutilities, and whose costs prevent injury to persons, and Tenant shall be paid for by the losing party, unless it is not clear that there is a “losing party,” in which event the costs of arbitration shall be shared equally. If Lessee prevails in the arbitration, the amount of the award (which shall include interest at the Interest Rate (defined below) from the time of each expenditure by Lessee until the date Lessee receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Lessee from the rents next due and owing under the Leasenotify Landlord as soon as practicable thereafter.

Right to Make Repairs. Notwithstanding If Tenant believes that Landlord has not performed a repair that Landlord is obligated to repair under Section 12, Tenant shall give Landlord written notice of such repair required to be performed by Landlord and Landlord shall within thirty (30) days of the date of such notice either: (i) complete such repair within thirty (30) days of the date of Tenant’s notice, (ii) notify Tenant in writing that Landlord disputes the need for Landlord to make such repair, or (iii) notify Tenant in writing that Landlord will commence such repairs and diligently pursue the completion of such repairs to completion if such repairs will not be completed within thirty (30) days of the date of Tenant’s notice. If within such thirty (30) day period after the date of Tenant’s written notice to Landlord, Landlord does not take any provision set forth of the actions described in clauses (i), (ii) or (iii) in the Lease to immediately preceding sentence, Tenant may send Landlord a second notice specifying the contrary, if Lessee provides written notice (or oral notice actions in the event of an emergency such as damage or destruction to the Structural Components and Building Systems) to Lessor of an event or circumstance which requires the action of Lessor with respect to repair and/or maintenance, and Lessor fails to provide such action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than twenty-one (21) days after receipt of such notice, then Lessee may proceed detail that Tenant intends to take to perform such repair and the required action upon delivery of an additional date Tenant intends to commence such actions, which date shall be not less than ten (10) business days’ notice to Lessor specifying that Lessee is taking days after the date Landlord receives such required action (provided, however, that neither of such notices shall be required in the event of an emergency which threatens life or where there is imminent danger of damage to the building), and if such action was required under the terms of the Lease to be taken by Lessor and was not taken by Lessor within notice. If during such ten (10) business day period, then Lessee shall be entitled period Landlord does not notify Tenant that Landlord has commenced either the repairs that Tenant proposes to prompt reimbursement by Lessor of Lesseeundertake or such other repairs as Landlord determines appropriate in Landlord’s reasonable business judgment, Tenant may undertake repairs which would be Landlord’s responsibility and Landlord shall reimburse Tenant for the reasonable costs and expenses in taking such action plus interest thereon equal to the Prime Rate then in effect at Bank of America, plus 2% (“Interest Rate”). In the event Lessee takes such action, and such work will affect the Structural Components and Building Systems, Lessee shall use only those contractors used by Lessor in the building for work on such Structural Components and Building Systems unless such contractors are unwilling or unable to perform, or timely and competitively perform, such work, in which event Lessee may utilize the services of any other qualified contractor which normally and regularly performs similar work in buildings comparable to the building. Furthermore, if Lessor does not deliver a detailed written objection to Lessee so incurred within thirty (30) days after receipt of an invoice by Lessee of its costs of taking action notice, which Lessee claims should have been taken by Lessor, and if such invoice from Lessee sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking such action on behalf of Lessor, then Lessee notice shall be entitled accompanied by paid receipts. If Landlord does not timely pay Tenant for such repairs, Tenant may deduct the cost thereof from the monthly Base Rent next coming due, up to deduct from rent payable by Lessee under twenty-five percent (25%) of Tenant’s monthly Base Rent, until the Lease, the amount set forth in such invoice. Ifcost thereof is fully accounted for; provided, however, Lessor delivers if at the time Tenant is entitled to Lesseecommence such abatement of monthly Base Rent the remaining term of this Lease is not sufficiently long enough for a full recovery of such abatement, within thirty Tenant may increase the percentage of such abatement (30and, if necessary xxxxx Additional Rent) days after receipt so as to enable Tenant to fully recover such amount during the Term of Lesseethis Lease. In no event shall Tenant’s invoice, a written objection repair and maintenance self-help remedies include any right to rebuild or repair the Building or Common Areas following any damage or destruction to the payment of such invoiceBuilding or Common Areas, setting forth with reasonable particularity Lessor’s reasons for its claim it being agreed that such action did not have to be taken by Lessor pursuant to the terms of the Lease 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 then be entitled to such deduction from rent, but as LesseeTenant’s sole remedy, Lessee may proceed remedy with respect to claim a default by Lessor or, if elected by either Lessor any such damage or Lessee, the matter shall proceed to resolution by the selection destruction is contained in Section 19 of an arbitrator to resolve the dispute, which arbitrator shall be selected and qualified pursuant to the procedures set forth herein, and whose costs shall be paid for by the losing party, unless it is not clear that there is a “losing party,” in which event the costs of arbitration shall be shared equally. If Lessee prevails in the arbitration, the amount of the award (which shall include interest at the Interest Rate (defined below) from the time of each expenditure by Lessee until the date Lessee receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Lessee from the rents next due and owing under the this Lease.

Right to Make Repairs. Notwithstanding Except in emergency situations, Landlord agrees to provide Tenant with at least twenty four (24) hours prior notice before commencing any provision set forth in the Lease to the contrary, if Lessee provides written notice (or oral notice in the event of an emergency such as damage or destruction repairs to the Structural Components and Building Systems) as may be required of Landlord pursuant to Lessor Section 5.2 ("Required Structural Repairs"). If Tenant provides written notice to Landlord of an event or circumstance which requires the action of Lessor with respect to repair and/or maintenanceRequired Structural Repairs, and Lessor Landlord fails to provide perform such action Required Structural Repairs within a reasonable period of time, given the circumstances, after the receipt of such notice, but in any event not later than twenty-one thirty (2130) days after receipt of such noticenotice or such longer period of time as may be reasonably required, provided Landlord commences such Required Structural Repair within such period, then Lessee Tenant may proceed to take undertake the required action Required Structural Repairs upon delivery of an additional ten (10) business days’ ' notice to Lessor Landlord specifying that Lessee Tenant is taking undertaking such required action (provided, however, that neither of such notices shall be required in the event of an emergency which threatens life or where there is imminent danger of damage to the building), and if such action was required under the terms of the Lease to be taken by Lessor and was not taken by Lessor within such ten (10) business day period, then Lessee shall be entitled to prompt reimbursement by Lessor of Lessee’s reasonable costs and expenses in taking such action plus interest thereon equal to the Prime Rate then in effect at Bank of America, plus 2% (“Interest Rate”)Required Structural Repairs. In the event Lessee takes Tenant undertakes such actionRequired Structural Repairs as permitted under this Section, and such work will affect the Structural Components and Building Systems, Lessee Tenant shall use only those qualified contractors used by Lessor in the building for work on such Structural Components and Building Systems unless such contractors are unwilling or unable to perform, or timely and competitively perform, such work, in which event Lessee may utilize the services of any other qualified contractor which that normally and regularly performs perform similar work in buildings comparable to on industrial concrete tilt-up construction with the buildingsame or similar components of the Building's Structural Components. Furthermore, if Lessor If Landlord does not deliver a detailed written objection to Lessee Tenant within thirty (30) days after receipt of an invoice by Lessee Tenant of its Tenant's costs of taking action which Lessee claims should have been taken by Lessorperforming such Required Structural Repairs, and if such invoice from Lessee Tenant sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking such action on behalf of LessorLandlord, then Lessee Tenant shall be entitled to deduct reimbursement from rent payable by Lessee under the Lease, Landlord for the amount set forth in such invoice. Under no circumstances shall Tenant have the right to offset any such amount from Rent. If, however, Lessor Landlord delivers to Lessee, Tenant within thirty (30) days after receipt of Lessee’s Tenant's invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Lessor’s Landlord's reasons for its claim that such action Required Structural Repairs did not have to be taken by Lessor Landlord pursuant to the terms of the Lease 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 then be entitled to such deduction from rentreimbursement, but as Lessee’s Tenant's sole remedy, Lessee may proceed to claim a default by Lessor or, if elected by either Lessor or Lessee, the matter shall proceed to resolution by the selection of an arbitrator to resolve the dispute, which arbitrator shall be selected and qualified dispute pursuant to the procedures set forth hereinarbitration rules of the Judicial Arbitration & Mediation Service/Endispute, Inc ("JAMS"), unless JAMS is no longer available, in which event Landlord shall select another equally qualified arbitration service, and whose costs shall be paid for by the losing party, unless it is not clear that there is a “"losing party,” " in which event the costs of arbitration shall be shared equally. If Lessee prevails in Tenant shall be responsible for obtaining any necessary governmental permits before commencing such Required Structural Repairs, and Tenant shall assume the arbitrationrisk of any damage, the amount of the award (which shall include interest at the Interest Rate (defined below) loss or injury resulting from the time of each expenditure by Lessee until the date Lessee receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Lessee from the rents next due and owing under the Leasework.