Common use of Structural Repairs Clause in Contracts

Structural Repairs. If 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 option, subject to the provisions of this section 14.02, 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 little hindrance to the operation of 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, impracticable, in Operator's opinion, then Operator shall be entitled to make such 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 Applicable Law, and will 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, obligations or costs and expenses on Operator, and (ii) Owner shall protect Operator from any loss, cost, damage or cost and expense which may result therefrom, such protection to be in form and substance satisfactory to Operator. The Capital Reserve shall not be utilized for repairs, changes or replacements contemplated in this section 14.02.

Structural Repairs. If structural 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 changes negligence of Tenant, its agents, employees, or licensees, except to the Hotel extent that Landlord is reimbursed therefore under any policy of insurance, or extraordinary 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 replacement welfare as determined by Tenant, Landlord shall comply with the time requirements of any Furniturethis section. If there is a failure to make such repairs by Landlord and such are necessary in the reasonable judgment of Tenant, Fixtures and Equipment 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 at any time during the Term to maintain the Hotel in good and safe operating condition or by reason of any Applicable Law or Tenant if there is an emergency. Any work undertaken 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 Tenant as contemplated in section 14.01), then Operator or Owner, at its option, subject to the provisions of this section 14.02, 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 little hindrance to the operation of 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, impracticable, in Operator's opinion, then Operator shall be entitled to make such 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 Applicable Law, and will 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, obligations or costs and expenses on Operator, and (ii) Owner shall protect Operator from any loss, cost, damage or cost and expense which may result therefrom, such protection to be in form and substance satisfactory to Operator. The Capital Reserve shall not be utilized for repairs, changes or replacements contemplated described in this section 14.02shall 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. If structural Landlord shall, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Project in good repair throughout the Term. Landlord may recover from Tenant the cost of repairs occasioned by the tortious acts or changes negligence of Tenant, its agents, employees, or licensees, except to the Hotel extent that Landlord is reimbursed therefor under any policy of insurance, or extraordinary such are due in whole or in part 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 gross negligence or intentional misconduct of Landlord. Landlord shall undertake any repairs that are its responsibilities upon ten (10) days prior written notice. If there is a failure to or replacement make such repairs by Landlord and such are necessary in the reasonable judgment of any FurnitureTenant, Fixtures and Equipment after not less than thirty (30) days additional written notice to landlord (except no notice shall be required at any time during the Term to maintain the Hotel in good and safe operating condition or by reason cases of any Applicable Law or by order of any Governmental Authority or because Operator and Owner jointly agree upon the desirability thereof (excluding an emergency), Tenant may make such repairs and maintenancethe reasonable costs incurred by Tenant shall be payable by Landlord within thirty (30) days of receipt of such ▇▇▇▇; and after thirty (30) days, replacements and renewals and additions such costs shall accumulate interest at the rate of ten (10%) percent per annum. Furthermore, if Landlord fails to Furniturepay such amount to Tenant as required by the preceding sentence, Fixtures and Equipment and minor capital improvements as contemplated in section 14.01), then Operator or Owner, at its option, subject to Tenant may deduct the provisions amount of this section 14.02, shall make all such repairs, changes or replacements in or to plus interest at the Hotel. All such repairsrate of ten (10%) percent per annum, changes or replacements shall be made at Owner's sole cost and expense with as little hindrance to the operation of the Hotel as reasonably possible. Subject to the provisions of section 6.03from Base Rent due Landlord, 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, impracticable, in Operator's opinion, then Operator shall be entitled to make such repairs, changes or replacements without having to give such advance notice or having to obtain such approval; provided, however, that Operator in no event shall give Owner notice as soon as practicable after such repairs, changes or replacements are made Tenant deduct an amount equal to more than 25% 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 Applicable Law, and will not Base Rent 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, obligations or costs and expenses on Operator, and (ii) Owner shall protect Operator from any loss, cost, damage or cost and expense which may result therefrom, such protection to be in form and substance satisfactory to Operator. The Capital Reserve shall not be utilized for repairs, changes or replacements contemplated in this section 14.02single month.

Structural Repairs. If structural Landlord shall, at its expense, keep the foundation, roof, exterior walls (excluding storefronts) and all load-bearing portions of the Project in good repair throughout the Term. Landlord may not recover from Tenant the cost of repairs occasioned by the negligence of Tenant, its agents, employees, or changes licensees, 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 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 Hotel acts, omissions, or extraordinary 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. If there is a failure to or replacement make such repairs by Landlord and such are necessary in the reasonable judgment of any FurnitureTenant, Fixtures and Equipment after notice, Tenant may make such repairs and deduct the amount of such repairs from the sums due Landlord. However, no notice 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 Tenant if there is an emergency. Any work undertaken 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 option, subject to the provisions of this section 14.02, shall make all such repairs, changes or replacements in or to the Hotel. All such repairs, changes or replacements Tenant shall be made at Owner's sole cost and expense with as little hindrance to the operation payable by Landlord within thirty (30) days of 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 receipt of such advance notice or ▇▇▇▇, together with interest on such amount at the obtaining rate of such approval is, however, impracticable, in Operator's opinion, then Operator shall be entitled to make such 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 Applicable Law, and will 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 ten (i10%) 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, obligations or costs and expenses on Operator, and (ii) Owner shall protect Operator from any loss, cost, damage or cost and expense which may result therefrom, such protection to be in form and substance satisfactory to Operator. The Capital Reserve shall not be utilized for repairs, changes or replacements contemplated in this section 14.02percent per annum.

Structural Repairs. If structural 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 changes negligence of Tenant, its agents, employees, or licensees, except to the Hotel extent that Landlord is reimbursed therefore under any policy of insurance, or extraordinary 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 ▇▇▇▇▇▇’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 replacement welfare as determined by ▇▇▇▇▇▇, Landlord shall comply with the time requirements of any Furniturethis section. If there is a failure to make such repairs by Landlord and such are necessary in the reasonable judgment of ▇▇▇▇▇▇, Fixtures and Equipment 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 at any time during the Term to maintain the Hotel in good and safe operating condition or by reason of any Applicable Law or Tenant if there is an emergency. Any work undertaken 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 option, subject to the provisions of this section 14.02, 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 little hindrance to the operation of 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, impracticable, in Operator's opinion, then Operator shall be entitled to make such 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 Applicable Law, and will 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, obligations or costs and expenses on Operator, and (ii) Owner shall protect Operator from any loss, cost, damage or cost and expense which may result therefrom, such protection to be in form and substance satisfactory to Operator. The Capital Reserve shall not be utilized for repairs, changes or replacements contemplated described in this section 14.02shall 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.