Common use of FAILURE IN PERFORMANCE Clause in Contracts

FAILURE IN PERFORMANCE. The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this Lease are interdependent. If the Lessor fails to provide any service, utility, maintenance, repair or replacement required under this Lease, the Company may, by contract or otherwise, perform the requirement and deduct from any payment or payments under this Lease, then or thereafter due, the resulting cost to the Company, including all administrative costs. If the Company elects to perform any such requirement, the Company and each of its contractors shall be entitled to access to any and all areas of the building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the Company may deduct from any payment or payments under this Lease, then or thereafter due, an amount which reflects the value of the requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Company under this Lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this Lease or at law.

FAILURE IN PERFORMANCE. The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this Lease lease are interdependent. If the Lessor fails to provide any service, utility, maintenance, repair or replacement required under this Lease, lease the Company may, by contract or otherwise, perform the requirement and deduct from any payment or payments under this Leaselease, then or thereafter due, the resulting cost to the Company, including all administrative costs. If the Company elects to perform any such requirement, the Company and each of its contractors shall be entitled to access to any and all areas of the building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the Company may deduct from any payment or payments under this Leaselease, then or thereafter due, an amount which reflects the value of the requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Company under this Leaselease. These remedies are not exclusive and are in addition to any other remedies which may be available under this Lease lease or at law.