Repair and Restoration Obligation Provision
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A Repair and Restoration Obligation Provision is an obligation provision that mandates the repair and restoration of property to its original state following damage or deterioration.
- Context:
- It can (typically) specify conditions under which the repair or restoration must be initiated and completed.
- It can (often) include details on the standards of restoration expected, such as "to its original condition" or "using specified materials."
- It can range from being applicable in lease agreements, where a tenant or lessor is responsible for the maintenance, to construction contracts where a contractor must fix defects during a warranty period.
- It can also specify the roles and responsibilities of involved parties, such as landlords, tenants, contractors, or property managers.
- It can be enforced through legal action if the obligated party fails to comply with the terms set forth in the provision.
- ...
- Example(s):
- An Annotated Repair and Restoration Obligation Provision (repair and restoration obligation provision), such as:
- “
Upon casualty damage
(Triggering Condition, Casualty Damage Event)1,the Lessor is to begin and continue repairs to the Leased Premises
(Primary Obligation, Lessor Obligation, Repair Obligation, Lessor)2in a timely and thorough manner
(Manner of Performance, Reasonableness Standard)3,with the aim of restoring to its prior condition
(Restoration Standard, Pre-Casualty Condition Standard)4," Casualty Repair Obligation, Four-Element Provision.
- “
- A Residential Lease Repair Provision in a housing lease, such as:
- “
Tenant shall, at Tenant’s expense, make all repairs to the Premises which may become necessary by reason of Tenant’s misuse or neglect
(Tenant Obligation, Misuse, Neglect)1and shall repair and restore the Premises to good condition upon termination of this lease, reasonable wear and tear excepted
(Termination Clause, Reasonable Wear and Tear)2."
- “
- ...
- An Annotated Repair and Restoration Obligation Provision (repair and restoration obligation provision), such as:
- Counter-Example(s):
- General Maintenance Clauses, which typically only require regular upkeep rather than full restoration.
- As-Is Purchase Agreements, where properties are bought in their current state without the seller's obligation for any repairs.
- See: Contractual Obligation, Property Law, Lease Agreement, Construction Law, Annotated Obligation Provision.