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Failure to Supply
Failure to Supply contract clause examples

Failure to Perform. If Tenant fails to perform Tenant’s obligations under this Section 7.1, Landlord may enter upon the Premises after ten (10) days’ prior written notice to Tenant (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Tenant’s behalf, and put the Premises in good order, condition and repair, and Tenant shall promptly pay to Landlord a sum equal to 110% of the cost thereof.

Failure to Perform. If Lessee fails to perform Lessee's obligations under this Paragraph 7.1, Lessor may enter upon the Premises after 10 days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf, and put the Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to 115% of the cost thereof.

If Tenant fails to perform any obligation it is required to perform pursuant to this Section 14, and such failure continues for a period of thirty (30) days following written notice thereof to Tenant from Landlord, then Landlord shall have the right, but not the obligation, to enter into the Premises and perform such obligation on behalf of Tenant, and Tenant shall pay to Landlord, within thirty (30) days after the date of Tenant’s receipt of Landlord’s invoice, the full amount of the reasonable costs and expenses Landlord incurs to perform such obligation.

Section # Tenant’s Performance of Landlord’s Obligations. Notwithstanding anything to the contrary in this Article 11, if Landlord fails to perform its maintenance obligation under this Lease with respect to the Premises which it is obligated to perform under this Article 11 within a reasonable period of time not to exceed seventy-five (75) (except in the case of an emergency threatening imminent harm to life or material damage to property) days following receipt of written notice from Tenant as set forth above, Tenant shall be permitted to perform such obligations in the Premises on Landlord’s behalf, provided Tenant first delivers to Landlord an additional three (3) business days prior written notice indicating that Tenant will be performing such obligations and provided Landlord fails to commence to perform its obligation(s) within such additional three (3) business day period or thereafter fails to diligently complete performance of such obligations having commenced performance within such three (3) business day period. If the obligations to be performed by Tenant will affect the Building’s Operating Systems, Tenant shall use only those contractors used by Landlord in the Building for work on such Operating Systems. All other contractors shall be subject to Landlord’s reasonable approval and Landlord agrees to approve or reject any contractor proposed to be used by Tenant within seventy-two (72) hours of receipt of Tenant’s second notice (unless Landlord has either commenced to perform its obligation(s) within such additional three (3) business day period or thereafter failed to diligently complete performance of such obligations having commenced performance within such three (3) business day period), provided that if a proposed contractor is duly licensed and bonded and all requisite permits have been obtained for the desired work, Landlord agrees not to withhold its approval of the proposed contractor. Landlord agrees to reimburse Tenant within thirty (30) days following receipt from Tenant of a written statement of all reasonable and actual out of pocket costs incurred by Tenant in performing such obligations on behalf of Landlord. Nothing contained in this paragraph shall be interpreted to mean that Tenant shall be excused from paying any Rental due in the event of any alleged default by Landlord. Notwithstanding anything to the contrary herein, under no circumstances shall Tenant have the right to perform any structural repairs that are Landlord’s obligation to perform under this Article 11 (except in the case of an emergency threatening imminent harm to life or material damage to property).

In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under this Lease, which failure is not cured within fifteen (15) days following delivery of written notice to Tenant stating the nature of the failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required.

Remedies. If Tenant fails to perform any of its affirmative duties or obligations, within five (5) days after written notice (or in case of an emergency, without notice), Landlord may, at its option, perform such duty or obligation on Tenant’s behalf, including but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Tenant shall pay to Landlord an amount equal to 110% of the costs and expenses of any such performance by Landlord promptly upon receipt of invoice therefor. In the event of a Breach, Landlord may, with or without further notice or demand, and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of such Breach:

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