Common use of Breach by Lessor Clause in Contracts

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be more less than thirty (30) days after receipt by Lessor, and any Lender whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.

Appears in 4 contracts

Samples: Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC)

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Breach by Lessor. (a) Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by LessorLessor pursuant to this Lease. For purposes of this ParagraphParagraph 30, a reasonable time shall in no event be more less than then thirty (30) days after receipt by Lessor, and by the holders of any Lender mortgage or deed of trust covering the Premises whose name and address shall have been furnished to Lessee in writing for such purposepurposes, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.

Appears in 2 contracts

Samples: Lease (Lumenis LTD), Lease (Rocket Fuel Inc.)

Breach by Lessor. (a) Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by LessorLessor pursuant to this Lease. For purposes of this ParagraphParagraph 35, a reasonable time shall in no event be more less than thirty (30) days after receipt by Lessor, and by the holder of any Lender mortgage or deed of trust covering the Property whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within such said period of thirty (30) day period days and thereafter is diligently pursued to completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.

Appears in 2 contracts

Samples: Lease (Aerohive Networks, Inc), Lease (Aerohive Networks, Inc)

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor Lessor, or Lessor's Lender, fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be more less than thirty (30) days after receipt by Lessor, and any Lender whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.

Appears in 1 contract

Samples: Cupertino Electric Inc

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraphparagraph, a reasonable time shall in no event be more less than thirty (30) days after receipt by Lessor, and any Lender whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completioncompletion by the earlier to occur of sixty (60) days from such notice or such date as is appropriate for such matter. In no event such event, Lessee shall Lessor be liable for punitive, consequential, special entitle to any remedies available to it at law or indirect damages or loss of profits or the likein equity.

Appears in 1 contract

Samples: Lease Agreement (SAVVIS, Inc.)

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be more less than thirty (30) days after receipt by Lessor, and any Lender whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.. 30 of 42 Initials: ______, _______

Appears in 1 contract

Samples: Lease (Zenlabs Holdings Inc)

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Breach by Lessor. (a) Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be more less than thirty (30) days after receipt by Lessor, and any Lender whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.

Appears in 1 contract

Samples: Homegrocer Com Inc

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this ParagraphParagraph 13.5, a reasonable time shall in no event be more less than thirty (30) days after receipt by Lessor, and by the holders of any Lender ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.

Appears in 1 contract

Samples: Kimberton Enterprises Inc

Breach by Lessor. Lessor shall not be deemed in In breach of this Lease unless Lessor fails falls within a reasonable time to td perform an obligation required to td be performed by Lessor. For purposes of this ParagraphParagraph 13.5, a reasonable time shall in In no event be more less than thirty (30) days after receipt by Lessor, and by the holders of any Lender ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished to Lessee in Losses In writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if If the nature of Lessor’s obligation is Is such that more than thirty (30) days after such notice are reasonably required for its Its performance, then Lessor shall not be in In breach if of this Lease If performance is Is commenced within such thirty (30) day period and thereafter diligently pursued to td completion. In no event shall Lessor be liable for punitive, consequential, special or indirect damages or loss of profits or the like.

Appears in 1 contract

Samples: Invivo Corp

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