Common use of Tenant’s Failure to Maintain Clause in Contracts

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty (30) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five percent (5%) thereof for Landlord’s supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s making any such repairs or replacements shall not be deemed a waiver of Tenant’s default in failing to make the same.

Appears in 4 contracts

Samples: Lease (Codiak BioSciences, Inc.), Non Disturbance, Attornment and Subordination Agreement (Codiak BioSciences, Inc.), Non Disturbance, Attornment and Subordination Agreement (Codiak BioSciences, Inc.)

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Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 8.02 and Tenant fails to commence diligently to cure the same within thirty (30) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five percent (5%) 10% thereof for Landlord’s 's supervision, shall be due and payable from Tenant in accordance with Section 4.4 4.04 hereof, as Additional Rent; provided, that, that Landlord’s 's making any such repairs or replacements shall not be deemed a waiver of Tenant’s 's default in failing to make the same.

Appears in 3 contracts

Samples: Lease (Greenfield Online Inc), Lease (Greenfield Online Inc), Lease (Greenfield Online Inc)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 8.02 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five percent (5%) 10% thereof for Landlord’s 's supervision, shall be due and payable from Tenant in accordance with Section 4.4 4.04 hereof, as Additional Rent; provided, that, that Landlord’s 's making any such repairs or replacements shall not be deemed a waiver of Tenant’s 's default in failing to make the same.

Appears in 3 contracts

Samples: Lease Between Fairhaven (Pc Connection Inc), Office Lease (E Sync Networks Inc), Lease (Startech Environmental Corp)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five ten percent (510%) thereof for Landlord’s supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s making any such repairs or replacements shall not be deemed a waiver of Tenant’s default in failing to make the same.

Appears in 3 contracts

Samples: Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made by Tenant under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five percent (5%) thereof for Landlord’s supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s making any such repairs or replacements shall not be deemed a waiver of Tenant’s default in failing to make the same.

Appears in 2 contracts

Samples: And Attornment Agreement (Kaleido Biosciences, Inc.), And Attornment Agreement (Kaleido Biosciences, Inc.)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 7.02 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five percent (5%) 10% thereof for Landlord’s 's supervision, shall be due and payable from Tenant in accordance with Section 4.4 3.04 hereof, as Additional Rent; provided, that, that Landlord’s 's making any such repairs or replacements shall not be deemed a waiver of Tenant’s 's default in failing to make the same.

Appears in 1 contract

Samples: Lease (Greenfield Online Inc)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five ten percent (510%) thereof for Landlord’s 's supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s 's making any such repairs or replacements shall not be deemed a waiver of Tenant’s 's default in failing to make the same.

Appears in 1 contract

Samples: Lease (Radius Health, Inc.)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five percent (5%) thereof for Landlord’s supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s making any such repairs or replacements shall not be deemed a waiver of Tenant’s default in failing to make the same.

Appears in 1 contract

Samples: And Attornment Agreement (Datawatch Corp)

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Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 7.01(a) and Tenant fails to commence diligently to cure the same within thirty (30) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five percent (5%) 10% thereof for Landlord’s 's supervision, shall be due and payable from Tenant in accordance with Section 4.4 3.04 hereof, as Additional Rent; provided, that, that Landlord’s 's making any such repairs or replacements shall not be deemed a waiver of Tenant’s 's default in failing to make the same.

Appears in 1 contract

Samples: Lease (Greenfield Online Inc)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty (30) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five ten percent (510%) thereof for Landlord’s supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s making any such repairs or replacements shall not be deemed a waiver of Tenant’s default in failing to make the same.

Appears in 1 contract

Samples: Everbridge, Inc.

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five ten percent (510%) thereof for Landlord’s supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, that Landlord’s making any such repairs or replacements shall not be deemed a waiver of Tenant’s default in failing to make the same.

Appears in 1 contract

Samples: Lease (Forrester Research, Inc.)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, repairs or replacements or maintenance and the expenses incurred by Landlord in connection therewith plus five ten percent (510%) thereof for Landlord’s 's supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s 's making any such repairs or replacements shall not be deemed a waiver of Tenant’s 's default in failing to make the same. ARTICLE 9.

Appears in 1 contract

Samples: Lease (Acumen Pharmaceuticals, Inc.)

Tenant’s Failure to Maintain. If Landlord gives Tenant written notice of the necessity of any repairs or replacements required to be made under Section 8.2 and Tenant fails to commence diligently to cure the same within thirty twenty (3020) days thereafter (except that no notice will be required in case of any emergency repair or replacement necessary to prevent substantial damage or deterioration), or if Tenant fails to obtain the Maintenance Contract within twenty (20) days following Landlord’s request, Landlord, at its option and in addition to any other remedies, may proceed to make such repairs, replacements or maintenance or obtain the required Maintenance Contract, and the expenses incurred by Landlord in connection therewith plus five percent (5%) thereof for Landlord’s supervision, shall be due and payable from Tenant in accordance with Section 4.4 hereof, as Additional Rent; provided, that, Landlord’s making any such repairs or replacements or obtaining such Maintenance Contract shall not be deemed a waiver of Tenant’s default in failing to make the same.

Appears in 1 contract

Samples: And Attornment Agreement (Organogenesis Holdings Inc.)

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