- 4 -
it. Obviously, [Showplace] differs with
regard to [the Mall's] interpretation of the
lease and the distinction between providing a
new roof as opposed to making ordinary re-pairs.
Since [the Mall's] letter does not chal-lenge
the necessity of replacement nor the
estimated cost thereof, [Showplace] is pro-ceeding
with the roof replacement, which
[its] contractors advise may begin as early
as Monday, February 16, 2004, weather permit-ting.
In doing so, [Showplace] does not
waive any right it has to reimbursement and/-
or damages relative to the [Mall's] responsi-bility."
The Mall did not respond to this letter.
Later in February 2004, Showplace (1) entered into a
contract to have the roof replaced and (2) sent the Mall a letter
informing the Mall that it (a) had entered into a contract to
have the roof replaced and (b) would be setting off the entire
cost of the roof replacement from its rent obligation.
In February and March 2004, Showplace replaced the roof
at a cost of $79,298. Between June and December 2005, Showplace
set off $79,298 from the rent due under its lease agreement with
Click tabs to swap between content that is broken into logical sections.