Roof Repair. Purchaser acknowledges that portions of certain Improvements located on the Property have been damaged prior to the Effective Date ("Roof Damage") and such Improvements require Repairs as more particularly described in the Roof Repair Contract (defined below) ("Roof Repairs"). Purchaser acknowledges that as of the Effective Date, Seller has entered into (i) that certain General Construction Services Contract with BluSky Restoration Contractors dated June 25, 2010 for the repair of the Roof Damage; and (ii) that certain Hazardous Materials Abatement Agreement with BluSky Restoration Contractors, Inc. dated June 25, 2010 for ACM roof abatement (collectively (i) and (ii) shall be defined herein as the "Roof Repair Contract") and that notwithstanding Section 11.5, such Roof Repair Contract shall not be deemed a Property Contract. The Roof Repair Contract shall be delivered to Purchaser during the Feasibility Period pursuant to Section 3.5.2. Purchaser acknowledges that the Roof Repairs may not be completed prior to the Closing Date. Purchaser acknowledges and agrees that it may not terminate the Roof Repair Contract pursuant to this Article XI, that the Roof Damage shall not be characterized as Major Damage or Minor Damage pursuant to this Article XI and that Purchaser may not terminate this Contract based on the Roof Damage. If the Roof Repairs are not completed prior to the Closing Date, at Seller's option and in Seller's sole discretion, either: (a) Purchaser shall proceed to Closing in accordance with the Contract, Seller shall assign and Purchaser shall assume all of Seller's rights, obligations and liabilities under the Roof Repair Contract (provided that Seller shall be responsible for payment of costs associated with that portion of the Roof Repairs completed prior to the Closing Date), Purchaser shall be responsible for completing the Roof Repairs, and Seller shall provide a credit against the Purchase Price to Purchaser in an amount necessary to complete the Roof Repairs (including the full amount of the Roof Repair Contract less any amounts which may already have been spent by Seller toward such Roof Repairs); or (b) Closing shall be postponed until the Roof Repairs are complete and the Roof Repair Contract is fulfilled, as evidenced by (i) delivery to Purchaser of a copy of the document from the City and County of Denver Building Department evidencing final inspection and signing off on the applicable building permit issued for the Roof Repairs; an...
Roof Repair. Repair of historic roofing with in-kind material that closely matches the existing design and form.
Roof Repair. In the event that Host determines in its reasonable discretion that it must replace or repair the roof at the Site, Nexamp shall, ifrequested by Host, temporarily disassemble andremove within a commercially reasonable amount of time all or such portions of the System as may be necessary to accommodate such roof repairs or replacement and shall, after completion of such repairs or replacement, reinstall all or such portions ofthe System as mayhave beentemporarily removed. Within thirty (30) days of Nexamp ‘s delivery of an invoice for such disassembly, removal and / or reinstallation services, Host shall pay to Nexamp the amount invoiced, which shall be charged on a time and materials basis, plus five percent (5), documentation of which shall be supplied with such invoice. Host shall provide at its sole cost and expense storage space and securitymeeting Nexamp’s reasonable approval for any portion of the System disassembled or removed pursuant to this Section 9.1(e). During such time as the System is partially or completely disconnected, Host’s obligation to pay for Solar Services shall be abated for the period during which all or part ofthe System as may be temporarily removed or uninstalled pursuant to this Section 9.1(e). Nexamp agrees to reinstall the System in a manner that will not void the warranty ofthe new roof as repaired or installed. In no event shall Host, or an agent, subcontractor or other party or Affiliate ofHost, move, repair, disassemble or otherwise work on the System. In no event shall the System be partially or completely disassembled under this Section 9.1(e) for longer than one period of not more than sixty (60) consecutive days during the Term. Nexamp shall bearthe cost of roof repair or replacement to the extent it causes damage to the roofwithin the License Area as a direct result of its acts or omissions to act and replacement or repair ofthe roof at the License Area is required therefor. 20 B3708776.6 (f)
Roof Repair. (Metal Section A) Contractor shall furnish and install the following roofing measures on the existing metal roof over the garage area: • Make all necessary repairs throughout the entire roof system. Install new rubber boots, fill empty screw holes with larger screws, caulk all screw heads and lap seams and any openings found. • Prime entire roof. • Install CPR Restoration system.
Roof Repair. The Parties acknowledge that the roofs on the buildings which comprise part of the Real Property require repair or replacement. Promptly upon execution of this Agreement, the Parties will engage a mutually acceptable roofing consultant, roofing contractor or other knowledgeable person to examine those roofs and to advise the Parties the extent and projected costs to repair or replace in a manner reasonably acceptable to Purchaser. Purchaser will withhold an amount equal to said projected costs from the Purchase Price and will proceed with such repair or replacement of the roofs promptly following the Closing. If the sum of the fees and expenses of the said consultant, contractor or other person plus Purchaser's direct, out of pocket costs of such repair or replacement (the "Total Cost") is less than the said projected costs, Purchaser will pay the difference to Seller within thirty (30) days after receiving the final statement or statements for such costs. If the Total Cost is more than the said projected costs, Seller will pay the difference to Purchaser within thirty (30) days after receiving a copy of said final statement or statements. Seller may at its expense audit Purchaser's records relating to such costs; such audit will be conducted within sixty (60) days after Seller receives a final statement of Purchaser's costs, and Seller will conduct it during normal business hours at Purchaser's place of business or other location in Hennepin County, Minnesota, determined by Purchaser. Purchaser presently estimates that the Total Cost will be approximately Two Hundred Thirty Thousand Dollars ($230,000).
Roof Repair. From and after the Closing Date, Principals jointly and severally agree to pay all costs and expenses incurred by Buyer in connection with third-party repairs to or the entire replacement of the roof of the building located on the Real Estate (the "Roof") in an amount not to exceed $400,000; PROVIDED, HOWEVER, such amount shall be subject to reduction at any time prior to the first payment made by Buyer under the Installment Note upon mutual agreement of the parties (the "Repair Fund"). Upon the earlier to occur of (i) the third anniversary of the Closing Date, (ii) Buyer's replacement of the Roof or (iii) the closing of the purchase and sale of the Real Estate in connection with Buyer's sale of the Real Estate, Buyer will pay to Seller the unexpended amounts of the Repair Fund by paying the holder of the Escrow Note (not the Agent) the then outstanding balance of the Repair Fund (reduced by any reserve or other purchase price reductions required for repair or replacement of the Roof in the case of (iii) above). Buyer shall assert its right to payment hereunder by offset against the Repair Fund under the Escrow Note.
Roof Repair. Seller has advised Buyer that certain roof repairs to the building on the Property are required and that the time period for the completion of the roof repairs will extend beyond the Closing Date. Prior to the expiration of the Contingency Period, Seller shall obtain a bid from a licensed roofing contractor for the roof repair work. The bid, including the roofing contractor, the scope of the roof repair work and the form of the final contract shall be subject to Buyer's reasonable approval. The approved contract for the roof repair work shall be executed by Seller prior to close of Escrow provided that the rights, warranties and guarantees benefiting Seller under the contract shall be assignable and shall be assigned to Buyer upon close of Escrow. The full amount of the contract price shall be deposited by Seller to Escrow and shall be released to the roofing contractor in progress payments in accordance with the final contract. The work will be done by a contractor with a good reputation, with whom Seller is familiar and Seller warrants to Buyer that the work will be completed and that no liens will be filed by the contractor, or any other suppliers, subcontractors, or employees of the contractor, if the progress payments are made as provided herein.
Roof Repair. If there is any water damage to the Premises as a result of any rain that may occur after the date of this Sixth Amendment, Landlord shall, within ten (10) days thereafter, hire a roofing consultant reasonably acceptable to Tenant. The roofing consultant shall deliver to Landlord and Tenant within fifteen (15) days of being retained a written proposal of all work that is recommended for the roof or structure to prevent any future water damage to the Premises.
Roof Repair. Fund (herein so called). All roof repair fund payments accruing after the Close of Escrow shall be for the benefit of Buyer, and Seller hereby waives any rights or claims to any roof repair funds or monies for all sums paid after the Closing Date and not specifically related to an invoice sent to a Tenant for a period to the Closing Date.
Roof Repair. 3 3.6 Impoundments....................................3 3.7 Past-due Obligations............................3 4. FIXTURES......................................................4
