Common use of Structural Repairs Clause in Contracts

Structural Repairs. Landlord shall, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Premises in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the tortious acts or negligence of Tenant, its agents, employees, or licensees, except to the extent that Landlord is reimbursed therefore under any policy of insurance, or such are due in whole or in part by Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to Tenant or Tenant’s business by reason of Landlord’s actions in fulfilling its obligations under the Lease unless such is due in whole or in part to the acts, omissions, or negligence of Landlord or its contractors. Landlord shall undertake any repairs that are its responsibilities upon ten (10) days prior written notice, subject to weather conditions, so long as Landlord has notified Tenant of Landlord’s intentions; provided however, if there is a threat to the public health, safety or welfare as determined by Tenant, Landlord shall comply with the time requirements of this section. If there is a failure to make such repairs by Landlord and such are necessary in the reasonable judgment of Tenant, and after written notice, Tenant may make such repairs and deduct the amount of such repairs from the sums due Landlord. However, no notice shall be required by Tenant if there is an emergency. Any work undertaken by Tenant as described in this section shall be payable by Landlord within thirty (30) days of receipt of such ▇▇▇▇, together with interest on such amount at the rate of ten (10%) percent per annum.

Structural Repairs. Landlord shallIf structural repairs or changes to the Hotel or extraordinary repairs to or replacement of any Furniture, Fixtures and Equipment shall be required at any time during the Term to maintain the Hotel in good and safe operating condition or by reason of any Applicable Law or by order of any Governmental Authority or because Operator and Owner jointly agree upon the desirability thereof (excluding repairs and maintenance, replacements and renewals and additions to Furniture, Fixtures and Equipment and minor capital improvements as contemplated in section 14.01), then Operator or Owner, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Premises in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the tortious acts or negligence of Tenant, its agents, employees, or licensees, except to the extent that Landlord is reimbursed therefore under any policy of insurance, or such are due in whole or in part by Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to Tenant or Tenant’s business by reason of Landlord’s actions in fulfilling its obligations under the Lease unless such is due in whole or in part to the acts, omissions, or negligence of Landlord or its contractors. Landlord shall undertake any repairs that are its responsibilities upon ten (10) days prior written noticeoption, subject to weather conditionsthe provisions of this section 14.02, so long shall make all such repairs, changes or replacements in or to the Hotel. All such repairs, changes or replacements shall be made at Owner's sole cost and expense with as Landlord has notified Tenant little hindrance to the operation of Landlord’s intentions; provided the Hotel as reasonably possible. Subject to the provisions of section 6.03, Operator shall give Owner advance notice of any such repairs, changes or replacements and obtain the approval of Owner prior to making any such repairs, changes or replacements in or to the Hotel. Whenever the giving of such advance notice or the obtaining of such approval is, however, if there is a threat to the public healthimpracticable, safety or welfare as determined by Tenantin Operator's opinion, Landlord then Operator shall comply with the time requirements of this section. If there is a failure be entitled to make such repairs repairs, changes or replacements without having to give such advance notice or having to obtain such approval; provided, however, that Operator shall give Owner notice as soon as practicable after such repairs, changes or replacements are made of the nature of such repairs, changes or replacements and the reasons therefor. Notwithstanding the foregoing, Owner shall have the right to either contest the need for any such repairs, changes or replacements or postpone compliance therewith, if such contestation or postponement is permitted by Landlord and such are necessary in the reasonable judgment of TenantApplicable Law, and after written noticewill not in any way adversely affect the operation of the Hotel or the insurance contemplated by Article XVIII or expose Operator to civil or criminal liability. Operator shall co-operate with Owner as Owner may request and execute any documents or pleadings required for such purpose; provided that (i) Operator is satisfied that the facts set forth in such documents or pleadings are accurate and that such execution and co-operation does not impose any liabilities, Tenant obligations or costs and expenses on Operator, and (ii) Owner shall protect Operator from any loss, cost, damage or cost and expense which may make result therefrom, such repairs protection to be in form and deduct the amount of such repairs from the sums due Landlordsubstance satisfactory to Operator. HoweverThe Capital Reserve shall not be utilized for repairs, no notice shall be required by Tenant if there is an emergency. Any work undertaken by Tenant as described changes or replacements contemplated in this section shall be payable by Landlord within thirty (30) days of receipt of such ▇▇▇▇, together with interest on such amount at the rate of ten (10%) percent per annum14.02.

Structural Repairs. Landlord shall, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Premises Project in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the tortious acts or negligence of Tenant, its agents, employees, or licensees, except to the extent that Landlord is reimbursed therefore therefor under any policy of insurance, or to the extent such are due in whole to tortious acts or in part by negligence of Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to Tenant or Tenant’s business by reason of Landlord’s actions in fulfilling its obligations under the Lease unless except to the extent such is due in whole or in part to the acts, omissions, tortious acts or negligence of Landlord or its contractors, servants or employees. Landlord shall undertake any repairs that are its responsibilities upon ten thirty (1030) days prior written notice, subject to weather conditions, so long as Landlord has notified Tenant of Landlord’s intentions; provided however, if there is a threat to the public health, safety or welfare as determined by Tenant, Landlord shall comply with the time requirements of this section. If there is a failure by Landlord to make such repairs by Landlord to the Premises and such are necessary in the reasonable judgment of Tenant, and if such repairs are not completed by Landlord after written noticethirty (30) days notice from Tenant, Tenant may make such repairs and deduct ▇▇▇▇ the amount cost of such repairs from the sums due to Landlord. However, no notice shall be required by Tenant if there is an emergency. Any work undertaken by Tenant as described in this section shall be payable by Landlord within thirty (30) days of receipt of such ▇▇▇▇, together with and if Landlord fails to pay such amounts within said thirty (30) day period, such sums shall bear interest on such amount from the date of such invoice at the rate of ten nine (109%) percent per annumannum and Tenant shall have the right to deduct such amounts from any amounts owed by Tenant to Landlord provided such deduction shall not exceed twenty-five (25%) percent of monthly Base Rent.

Structural Repairs. Landlord shall, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Premises Project in good repair throughout the Term. Landlord may not recover from Tenant the cost of repairs occasioned by the tortious acts or negligence of Tenant, its agents, employees, or licensees, except to the extent that if Landlord is reimbursed therefore under any policy of insurance, or if such are due in whole or in part to acts by Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to Tenant or Tenant’s 's business by reason of Landlord’s 's actions in fulfilling its obligations under the Lease unless such is due in whole or in part to the acts, omissions, or negligence of Landlord or its contractors, servants or employees. Landlord shall undertake any repairs that are its responsibilities upon ten (10) days prior written notice, subject to weather conditions, so long as Landlord has notified Tenant of Landlord’s intentions; provided however, if there is a threat to the public health, safety or welfare as determined by Tenant, Landlord shall comply with the time requirements of this section. If there is a failure to make such repairs by Landlord and such are necessary in the reasonable judgment of Tenant, and after written notice, Tenant may make such repairs and deduct the amount of such repairs from the sums due Landlord. However, no notice shall be required by Tenant if there is an emergency. Any work undertaken by Tenant as described in this section shall be payable by Landlord within thirty (30) days of receipt of such ▇▇▇▇, together with interest on such amount at the rate of ten (10%) percent per annum.

Structural Repairs. Landlord shall, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Premises Project in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the tortious acts or negligence of Tenant, its agents, employees, or licensees, except to the extent that Landlord is reimbursed therefore therefor under any policy of insurance, or such are due in whole or in part by to the negligence of Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to Tenant or Tenant’s business by reason of Landlord’s actions in fulfilling its obligations under the Lease unless such is due in whole or in part to the acts, omissions, gross negligence or negligence intentional misconduct of Landlord or its contractorsLandlord. Landlord shall undertake any repairs that are its responsibilities upon ten (10) days prior written notice, subject to weather conditions, so long as Landlord has notified Tenant of Landlord’s intentions; provided however, if there is a threat to the public health, safety or welfare as determined by Tenant, Landlord shall comply with the time requirements of this section. If there is a failure to make such repairs by Landlord and such are necessary in the reasonable judgment of Tenant, and after not less than thirty (30) days additional written noticenotice to landlord (except no notice shall be required in cases of an emergency), Tenant may make such repairs and deduct the amount of such repairs from the sums due Landlord. However, no notice shall be required reasonable costs incurred by Tenant if there is an emergency. Any work undertaken by Tenant as described in this section shall be payable by Landlord within thirty (30) days of receipt of such ▇▇▇▇; and after thirty (30) days, together with such costs shall accumulate interest on such amount at the rate of ten (10%) percent per annum. Furthermore, if Landlord fails to pay such amount to Tenant as required by the preceding sentence, Tenant may deduct the amount of such repairs, plus interest at the rate of ten (10%) percent per annum, from Base Rent due Landlord, provided, however, in no event shall Tenant deduct an amount equal to more than 25% of Base Rent in any single month.

Structural Repairs. Landlord shall, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Premises in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the tortious acts or negligence of Tenant, its agents, employees, or licensees, except to the extent that Landlord is reimbursed therefore under any policy of insurance, or such are due in whole or in part by Landlord, its servants, agents, employees or contractors. Landlord shall be neither liable nor responsible for any loss that may accrue to Tenant or Tenant▇▇▇▇▇▇’s business by reason of Landlord’s actions in fulfilling its obligations under the Lease unless such is due in whole or in part to the acts, omissions, or negligence of Landlord or its contractors. Landlord shall undertake any repairs that are its responsibilities upon ten (10) days prior written notice, subject to weather conditions, so long as Landlord has notified Tenant of Landlord’s intentions; provided however, if there is a threat to the public health, safety or welfare as determined by Tenant▇▇▇▇▇▇, Landlord shall comply with the time requirements of this section. If there is a failure to make such repairs by Landlord and such are necessary in the reasonable judgment of Tenant▇▇▇▇▇▇, and after written notice, Tenant may make such repairs and deduct the amount of such repairs from the sums due Landlord. However, no notice shall be required by Tenant if there is an emergency. Any work undertaken by Tenant ▇▇▇▇▇▇ as described in this section shall be payable by Landlord within thirty (30) days of receipt of such ▇▇▇▇bill, together with interest on such amount at the rate of ten (10%) percent per annum.