Common use of Failure to Maintain Premises Clause in Contracts

Failure to Maintain Premises. If Tenant fails to perform any of its obligations under Section 8.1, then without limiting any other remedies of Landlord, following fifteen (15) days advance written notice Landlord, if such repairs have not been completed, may perform such obligations and Tenant will pay as Rent to Landlord the cost of such performance within thirty (30) days after the date of Landlord’s invoice in an amount not to exceed Landlord’s reasonable actual out-of-pocket costs. For purpose of performing such obligations, or to inspect the Premises, Landlord may enter the Premises upon not less than one (1) day’s prior notice to Tenant (except in cases of actual or suspected emergency, in which case no prior notice will be required) without liability to Tenant for any loss or damage incurred as a result of such entry, provided that Landlord will take reasonable steps in connection with such entry to minimize any disruption to Tenant’s business or its use of the Premises and Landlord shall be responsible for any loss or damage due to Landlord’s gross negligence of willful misconduct. Entry by Landlord to pursue repair, maintenance, or correction shall not be deemed an actual or constructive eviction and shall not entitle Tenant to any abatement or reduction in Rent.