Failure to Repair. Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20.
Failure to Repair. If Operator fails to repair any damage to county or township roads and bridges as required by any portion of this Agreement, the County Engineer may request in writing that Operator perform such repair. If Operator fails to commence such repairs within ten (10) days of such written notice or fails thereafter to maintain reasonable progress in the performance of such repairs, then Authority may suspend all Operator’s permits on county and township roads.
Failure to Repair. If Videojet is unable to repair warranted goods after a reasonable number of attempts, Videojet will provide, at its option, (i) new or used replacement goods provided Buyer returns the non-conforming goods; or (ii) a refund of the purchase price depreciated in accordance with standard accounting principles. THIS SECTION 6 CONTAINS BUYER’S EXCLUSIVE REMEDIES AND VIDEOJET’S SOLE OBLIGATIONS FOR ANY BREACH OF THIS WARRANTY POLICY. NO OTHER REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARE AVAILABLE.
Failure to Repair. If Tenant fails to repair any damage caused by the removal of any Tenant Improvement to Landlord’s satisfaction, then Landlord may enter the Premises and make the repairs and Tenant shall reimburse Landlord for all costs incurred, including overhead and administrative costs upon demand.
Failure to Repair. If Grantor shall neglect or refuse to keep the Mortgaged Premises and Chattel Property in good repair, to maintain and pay the premiums for insurance, to pay and discharge all taxes, assessments and charges of every kind assessed against the Mortgaged Premises or Chattel Property, to pay in full all valid claims of contractors, subcontractors, materialmen, laborers or suppliers which if not paid, may reasonably result in the filing of a mechanic's or materialman's lien upon the Mortgaged Premises, to fully and timely pay and perform all obligations under the Prior Mortgage, or default in any other of its covenants, all as provided for under the Note and this Deed of Trust, Grantee may, at its option, cause such repairs to be made, obtain such insurance, pay such taxes, assessments and charges, pay said valid claims, or perform said covenants of Grantor, and any amounts paid as a result thereof, together with interest thereon from date of payment as specified by Grantee at (i) the highest post‑maturity rate provided for in any document evidencing the Obligations, or (ii) if none is so provided for, the then highest lawful contract rate of interest ("Default Rate") shall be immediately due and payable by Grantor to Grantee, and until paid shall be added to and become a part of the Obligations and shall be secured hereby, and shall be a lien on the Mortgaged Premises prior to any right, title or interest claimed upon the Mortgaged Premises subordinate to the lien of this Deed of Trust. Any such payments by Grantee shall not be deemed to relieve Grantor from any default hereunder, the exercise by Grantee of the right to make such payments shall be optional with Grantee, and Grantee shall not in any case be liable to Grantor for failure to exercise any such right. In addition to the rights set forth above, if at any time Grantee, in Grantee's sole discretion, desires that the amount required to be paid for premiums for insurance and taxes, assessments and similar charges be escrowed, Grantor shall immediately deposit that amount required by Grantee in such escrow account as Grantee shall so designate; provided, however, that such escrow account shall not be a trust account nor an interest bearing account.
Failure to Repair. If the Developer fails on its own to repair any Designated Road that is damaged by Hauling Activities conducted by the Developer Parties, the County Engineer may require in writing that the Developer repair such damage and return such roads to the condition such roads were in prior to such damage (as closely as is reasonably practicable having due regard for normal wear and tear). Prior to commencement of such repair, the County Engineer and the Developer shall meet to review the damage in relation to the Initial Evaluation or most recent subsequent evaluation, as applicable. After such review, the Developer shall repair (or cause to be repaired) such damage and restore the road to the standard set forth in Section 2.1 of this Road Use and Repair Agreement, to the extent such damage was caused by Hauling Activities conducted by the Developer Parties. Any repair and restoration shall promptly be performed at such times as the County Engineer may reasonably determine, having due regard for safety, the presence of emergency conditions and the costs of such repairs. If the Developer fails to repair such roads within the agreed period, then, unless the Parties mutually agree otherwise, the County Engineer may make such repairs and shall invoice the Developer for the costs incurred in connection with the repair. Any such invoice shall be accompanied by reasonable supporting documentation sufficient to justify the amounts claimed due by the County. The Developer shall pay such invoiced amounts within thirty (30) days following Developer’s receipt of the invoice and supporting documentation. If Developer fails to make timely payment for amounts owed under this Section, the County may access the security provided under Article 12 of the Development Agreement.
Failure to Repair. (a) The Tenant’s failure or neglect to repair as required by a Notice given under Section 8.1 within the time specified in Section 8.1 shall constitute an Event of Default.
Failure to Repair. If the Hirer does not carry out any repairs or works required under this Agreement within 2 days of receiving written notice from the Council, the Council may carry out such repairs and works. The cost of all such repairs and works must be paid by the Hirer to the Council on demand.
Failure to Repair. In the event that either Landlord or Tenant fails after reasonable prior written notice from the other party to keep the Premises in a good state of condition and repair pursuant to Section 11 above, or to do any act or make any payment required under this Lease or otherwise fails to comply herewith, such party may, at its option (but without being obliged to do so) immediately, or at any time thereafter and without notice, perform the same for the account of the responsible party, including the right to enter upon the Premises at all reasonable hours (subject to Section 29 below) to make such repairs, or do any act or make any payment or compliance which the responsible party has failed to do, and upon demand, the responsible party shall reimburse such party within thirty (30) days for any such reasonable expense incurred by such party including but not limited to any costs and damages. Any moneys expended by Landlord, as aforesaid, shall be deemed additional rent, collectible as such by Landlord. All rights given to either party in this Section shall be in addition to any other right or remedy of such party herein contained.
Failure to Repair. Lessee will permit the Lessor and its agents to enter the Demised Premises at all reasonable times to examine the condition thereof. In the event, upon the inspection of the Demised Premises, the Lessor determines that the Lessee has failed to make any non- structural repairs required of Lessee by the terms of this Lease and gives notice of such failure to the Lessee and the Lessee thereupon fails and neglects, within a reasonable time thereafter, to make any such necessary and reasonable repairs, Lessor, in addition to its other remedies, may cause such necessary and reasonable repairs to be made at the expense of the Lessee. Such payments made by the Lessor are hereby agreed and declared to be so much additional rent and shall be due and payable with the next installment of rent due thereafter under this Lease. 5.
