Failure to Maintain Clause Examples

Failure to Maintain. If the Tenant fails to perform any obligation under this Article 7, then on not less than fifteen (15) days’ notice to the Tenant, the Landlord may enter the Leased Premises and perform the obligation without liability to the Tenant for any loss or damage to the Tenant thereby incurred. The Tenant shall, promptly after receiving the Landlord’s invoice therefor, reimburse the Landlord for all costs incurred by the Landlord in performing the obligation.

Failure to Maintain. If Tenant fails to maintain any insurance coverage that Tenant is required to maintain under this Paragraph 21, and Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor and evidence of such loss. Nothing contained in this Paragraph 21.E shall be deemed to limit or affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Failure to Maintain. If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents or any other entity as provided by law.

Failure to Maintain. If CDB determines at any time that the insurance does not meet the requirements, this shall constitute a material breach of the agreement and CDB shall provide prompt notice to the A/E and, in its sole discretion, may take measures to protect itself and the public from the effect of the A/E’s breach.

Failure to Maintain. (a) In the event that MRI decides to abandon or not renew, or fails to pay fees for, or otherwise fails to continue to prosecute or maintain a copyright or trademark registration or application existing as of the date hereof that is pertinent to the Rights, and in any case prior to allowing any such copyright or trademark registration or application in any country or territory to lapse or otherwise become abandoned, MRI shall first and before allowing any such item to become prejudiced obtain the advice and consent of MVL, and subject to any licenses that MRI has granted to any third party, shall offer to allow MVL to assume the prosecution and/or maintenance of such registration or application under MRI’s or any of its licensees’ names. If MRI fails to perform its obligations under this Section 14.2.3, then MVL may perform such obligations on MRI’s behalf, pursuant to the power of attorney granted to MVL under Section 14.4.1 below. (b) If MVL assumes control of any prosecution or maintenance on behalf of MRI under this Section, MVL may deduct its costs and expenses in connection therewith from any amounts otherwise owed to MRI hereunder. In the event that MVL decides to abandon or not renew, or fails to pay fees for, or otherwise fails to continue to prosecute or maintain, a copyright or Trademark registration or application existing as of the date hereof that is pertinent to the MVL Granted Rights, and in any case prior to allowing any such copyright or trademark registration or application in any country or territory to lapse or otherwise become abandoned, MVL shall first and before allowing any such item to become prejudiced obtain the advice and consent of MRI and shall offer to allow MRI to assume the prosecution and/or maintenance of such registration or application under MVL’s name. If MVL fails to perform its obligations under this Section 14.2.3, then MRI may perform such obligations on MVL’s behalf, pursuant to the power of attorney granted to MRI under Section 14.4.2 below. If MRI assumes control of any prosecution or maintenance on behalf of MRI under this Section, MRI may deduct its costs and expenses in connection therewith from any amounts otherwise owed to MVL hereunder.

Failure to Maintain. If the Contractor fails to keep in effect at all times the insurance policies and coverages required under this agreement, the SJVIA may, in addition to any other remedies it may have, suspend or terminate this agreement upon the occurrence of that event.

Failure to Maintain. If Tenant shall fail to acquire and maintain the insurance required pursuant to this Section, Landlord may, in addition to any other rights and remedies available to Landlord, but shall not be obligated to, acquire such insurance and pay the premiums therefor, which premiums shall be payable by Tenant to Landlord immediately upon demand.

Failure to Maintain. In the event Tenant does not purchase the insurance required by this lease or keep the same in full force and effect, Landlord may, but shall not be obligated to purchase the necessary insurance and pay the premium. The Tenant shall repay to Landlord, as Additional Rent, the amount so paid promptly upon demand. In addition, Landlord may recover from Tenant and Tenant agrees to pay, as additional rent, any and all reasonable expenses (including attorneys’ fees) and damages which Landlord may sustain by reason of the failure to Tenant to obtain and maintain such insurance.

Failure to Maintain. If, after five (5) days’ prior written notice (except in emergencies) from Landlord, Tenant fails to keep, preserve and maintain the Leased Premises as set forth in Section 12.1 above, Landlord may, at its option, put or cause the same to be put in the condition and state of repair agreed upon, and in such case, upon receipt of written statements from Landlord, Tenant shall promptly pay the entire cost thereof as additional rent. Landlord shall have the right to enter the Leased Premises for the purpose of undertaking such work upon the failure of Tenant to do so.