Common use of Default by Landlord and Remedies of Tenant Clause in Contracts

Default by Landlord and Remedies of Tenant. The following shall be an event of default by Landlord under this Lease (“Landlord Default”): Landlord fails to comply with any provision of this Lease for a period of thirty (30) (fifteen (15) days if the failure causes the Leased Premises or a portion thereof to be untenantable (as defined in Section 5.03 hereof) or more after Landlord receives written notice from Tenant, except that if compliance cannot reasonably be achieved within the thirty (30) or fifteen (15) day period, as applicable, there shall be no Landlord Default by Landlord so long as Landlord promptly attempts and diligently and continuously pursues actions intended to bring about compliance. In the event of a Landlord Default, Tenant (in addition to all other remedies to which Tenant may be entitled at law or in equity) may cure such default by Landlord on behalf of, and at the sole reasonable cost and expense of, Landlord. Landlord shall reimburse Tenant within thirty (30) days after Tenant’s delivery to Landlord of a statement therefor for an amount equal to one hundred twenty-five percent (125%) of Tenant’s costs and expenses in connection therewith plus the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord Default.

Default by Landlord and Remedies of Tenant. The following It shall be an event a default and breach of default this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (“Landlord Default”): Landlord fails to comply with any provision of this Lease for a period of thirty (30) (fifteen (15) days after notice thereof from Tenant; provided, however, that if the failure causes the Leased Premises term, condition, covenant or a portion thereof obligation to be untenantable (as defined in Section 5.03 hereof) or more after performed by Landlord receives written notice from Tenant, except is of such nature that if compliance the same cannot reasonably be achieved performed within the such thirty (30) or fifteen (15) day period, as applicable, there such default shall be no deemed to have been cured if Landlord Default commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Tenant shall not have the right based upon a default of Landlord to terminate this Lease or to withhold, offset or xxxxx rent, Tenant's sole recourse for Landlord's default being an action for damages against Landlord for diminution in the rental value of the Premises for the period of Landlord's default, which is proximately caused by Landlord's default. Tenant shall not have the right to terminate this Lease or to withhold, offset or xxxxx the payment of rent based upon the unreasonable or arbitrary withholding by Landlord so long as of its consent or approval of any matter requiring Landlord's consent or approval, including but not limited to any proposed assignment or subletting, Tenant's remedies in such instance being limited to a declaratory relief action, specific performance, injunctive relief or an action of actual damages. Tenant shall not in any case be entitled to any consequential or punitive damages based upon any Landlord promptly attempts default or withholding of consent or approval. Notwithstanding anything to the contrary contained in this Lease, Tenant agrees and diligently understands that Tenant shall look solely to the estate and continuously pursues actions property of Landlord in the Building of which the Premises are a part for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to bring about compliancelevy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event of such default or breach. In the event of a sale or transfer of the Premises by Landlord, the Landlord Defaultnamed herein, Tenant (or, in addition the case of a subsequent transfer, the transferor, shall, after the date of such transfer, be automatically released from all personal liability for the performance or observance of any term, condition, covenant or obligation required to all other remedies to which Tenant may be entitled at law performed or in equity) may cure such default observed by Landlord on behalf ofhereunder; and the transferee shall be deemed to have assumed all of such terms, conditions, covenants and at obligations, it being intended hereby that such terms, conditions, covenants and obligations shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during the sole reasonable cost and expense of, Landlord. Landlord shall reimburse Tenant within thirty (30) days after Tenant’s delivery to Landlord of a statement therefor for an amount equal to one hundred twenty-five percent (125%) of Tenant’s costs and expenses in connection therewith plus the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord DefaultTerm.

Default by Landlord and Remedies of Tenant. The following It shall be an event a default and breach of default this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (“Landlord Default”): Landlord fails to comply with any provision of this Lease for a period of thirty (30) (fifteen (15) days after notice thereof from Tenant; provided, however, that if the failure causes the Leased Premises term, condition, covenant or a portion thereof obligation to be untenantable (as defined in Section 5.03 hereof) or more after performed by Landlord receives written notice from Tenant, except is of such a nature that if compliance the same cannot reasonably be achieved performed within the such thirty-day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual, money damages (except as set forth in Section 19.19) and specific performance, but Tenant shall not be entitled to terminate this Lease or fifteen (15) day periodwithhold or axxxx any rent due hereunder, except to the extent permitted by Applicable Law. If Landlord shall be in default under this Lease, and if Tenant shall, as applicablea consequence thereof, there recover a money judgment against Landlord, Tenant agrees that it shall look solely to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of the Landlord Default by Landlord so long Parties other than Landlord’s interest in the Building as Landlord promptly attempts and diligently and continuously pursues actions intended to bring about compliancehereinbefore expressly provided or (ii) collect consequential damages from Landlord. In the event of a Landlord Defaultthe sale or other transfer of Landlord’s right, Tenant (title and interest in addition to all other remedies to which Tenant may be entitled at law the Premises or in equity) may cure such default by Landlord on behalf ofthe Building, and at the sole reasonable cost and expense of, Landlord. Landlord shall reimburse Tenant within thirty (30) days be released from all liability and obligations hereunder accruing from and after Tenant’s delivery to Landlord of a statement therefor for an amount equal to one hundred twenty-five percent (125%) of Tenant’s costs and expenses in connection therewith plus the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord Defaultsuch sale or other transfer.

Default by Landlord and Remedies of Tenant. The following It shall be an event a default and breach of default this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (“Landlord Default”): Landlord fails to comply with any provision of this Lease for a period of thirty (30) (fifteen (15) days after notice thereof from Tenant; provided, however, that if the failure causes the Leased Premises term, condition, covenant or a portion thereof obligation to be untenantable (as defined in Section 5.03 hereof) or more after performed by Landlord receives written notice from Tenant, except is of such nature that if compliance the same cannot reasonably be achieved performed within the such thirty (30) or fifteen (15) day period, as applicable, there such default shall be no deemed to have been cured if Landlord Default commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same and does complete the same with all deliberate speed and within a reasonable time. Tenant shall not have the right to terminate this Lease or to withhold, offset or xxxxx the payment of rent based upon the unreasonable or arbitrary withholding by Landlord so long as of its consent or approval of any matter requiring Landlord’s consent or approval, including but not limited to any proposed assignment or subletting. Tenant’s remedies in such instance being limited to a declaratory relief action, specific performance, injunctive relief or an action of actual damages. Tenant shall not in any case be entitled to any consequential or punitive damages based upon any Landlord promptly attempts default or withholding of consent or approval. Notwithstanding anything to the contrary contained in this Lease, Tenant agrees and diligently understands that Tenant shall look solely to the estate and continuously pursues actions property of Landlord in the Building of which the Premises are a part for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord’s Affiliates shall be subject to bring about compliancelevy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event of such default or breach. In the event of a sale or transfer of the Premises by Landlord, the Landlord Defaultnamed herein, Tenant (or, in addition the case of a subsequent transfer, the transferor, shall, after the date of such transfer, be automatically released from all personal liability for the performance or observance of any term, condition, covenant or obligation required to all other remedies to which Tenant may be entitled at law performed or in equity) may cure such default observed by Landlord on behalf ofhereunder; and the transferee shall be deemed to have assumed all of such terms, conditions, covenants and at obligations, it being intended hereby that such terms, conditions, covenants and obligations shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during the sole reasonable cost and expense of, Landlord. Landlord shall reimburse Tenant within thirty (30) days after Tenant’s delivery to Landlord of a statement therefor for an amount equal to one hundred twenty-five percent (125%) of Tenant’s costs and expenses in connection therewith plus the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord DefaultTerm.

Default by Landlord and Remedies of Tenant. The From and after the Expansion Premises Commencement Date, Section 15.3 of the Lease will be deleted in its entirety and the following inserted in lieu thereof: “It shall be an event a default under and breach of default this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (“Landlord Default”): Landlord fails to comply with any provision of this Lease for a period of thirty (30) (fifteen (15) 30 days after notice thereof from Tenant; provided, however, that if the failure causes the Leased Premises term, condition, covenant or a portion thereof obligation to be untenantable (as defined in Section 5.03 hereof) or more after performed by Landlord receives written notice from Tenant, except is of such nature that if compliance the same cannot reasonably be achieved performed within the thirty (30) or fifteen (15) such 30 day period, as applicable, there such default shall be deemed to have been cured if Landlord commences such performance within said 30 day period and thereafter diligently undertakes to complete the same completes the required action within a reasonable time, but not more than 60 days after Tenant’s notice in any event. Anything to the contrary contained herein notwithstanding, no Landlord Default by Landlord so long as Landlord promptly attempts and diligently and continuously pursues actions intended to bring about compliance. In written notice shall be required in the event of a an emergency which threatens imminent loss of property or injury to persons (although Tenant shall provide oral notice to Landlord Defaultat such time as is reasonable under the circumstances) and Tenant shall have the right to cure such condition immediately. If Landlord fails to cure any default as and when required hereunder, Tenant (may, in addition to all other remedies to now or hereafter afforded or provided by law, perform such covenant or agreement for or on behalf of Landlord, or otherwise cure any such default, and any reasonable and necessary amount which Tenant may shall advance pursuant thereto shall be entitled at law or in equity) may cure such default repaid by Landlord on behalf ofto Tenant within 30 days after written demand therefore, and at in the sole reasonable cost and expense of, Landlord. event Landlord shall does not so reimburse Tenant within thirty such time period, Tenant may deduct from Base Rent and Additional Rent (30if any) days after Tenant’s delivery to Landlord of a statement therefor for an payments owed under this Lease the amount equal to one hundred twenty-five percent (125%) of Tenant’s costs the cost and expenses in connection therewith plus the amount of Rental paid incurred by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord Defaulttherefor.”

Default by Landlord and Remedies of Tenant. The following It shall be an event a default and breach of default this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (“Landlord Default”): Landlord fails to comply with any provision of this Lease for a period of thirty (30) (fifteen (15) days after notice thereof from Tenant; provided, however, that if the failure causes the Leased Premises term, condition, covenant or a portion thereof obligation to be untenantable (as defined in Section 5.03 hereof) or more after performed by Landlord receives written notice from Tenant, except is of such nature that if compliance the same cannot reasonably be achieved performed within the thirty (30) or fifteen (15) such thirty-day period, as applicable, there such default shall be no deemed to have been cured if Landlord Default by Landlord so long as Landlord promptly attempts commences such performance within said thirty-day period and thereafter diligently and continuously pursues actions intended undertakes to bring about compliancecomplete the same. In Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding anything to the contrary set forth herein, in the event of a Landlord Default, Tenant (in addition to all other remedies to which Tenant may be entitled at law or in equity) may cure such any default by Landlord on behalf ofunder this Lease which would give Tenant the right to terminate this Lease or to claim a partial or total eviction, Tenant will not exercise any such right until (i) it has notified in writing the mortgagee, or holder of such trust, deed or lessor as the case may be (if the name and address of such mortgagee, holder or lessor shall have previously been furnished by written notice to Tenant) of such default, and at (ii) such mortgagee, holder or lessor, as the sole case may be, fails within a reasonable cost and expense oftime (not to exceed 45 days) after receipt of such notice to cause such default to be cured; provided, Landlord. Landlord however, such default shall reimburse Tenant be deemed to be cured if such mortgagee, holder of such trust, deed or lessor commences such performance within thirty (30) days after Tenant’s delivery to Landlord of a statement therefor for an amount equal to one hundred twentysaid forty-five percent (125%) of Tenant’s costs day period and expenses in connection therewith plus thereafter diligently undertakes to complete the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord Defaultsame.

Default by Landlord and Remedies of Tenant. The following It shall be an event a default and breach of default this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (“Landlord Default”): Landlord fails to comply with any provision of this Lease for a period of thirty (30) (fifteen (15) days if the failure causes the Leased Premises or a portion after notice thereof to be untenantable (as defined in Section 5.03 hereof) or more after Landlord receives written notice from Tenant, except provided, however, that if compliance the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be achieved performed within the such thirty (30) or fifteen (15) day period, as applicable, there such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual money damages (except as set forth in Paragraph 19.19) and specific performance, but Tenant shall not be entitled to terminate this Lease or withhold or xxxxx any rent due hereunder. Unless prohibited by law, any claim, demand, right or defense by Tenant that arises out of this Lease or the negotiations that preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a defense by reason thereof, within six (6) months after the date of the inaction, omission, event or action that gave rise to such claim, demand, right or defense; Tenant acknowledges and understands, after having consulted with its legal counsel, that the purpose of this sentence is to shorten the period within which Tenant would otherwise have to raise such claims, demand, rights or defenses under applicable laws. If Landlord shall be in default under this Lease, and if Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that it shall look solely to Landlord’s right, title and interest in and to the Building for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of the Landlord Default by Landlord so long Parties other than Landlord’s interest in the Building as Landlord promptly attempts and diligently and continuously pursues actions intended to bring about compliancehereinbefore expressly provided or (ii) collect consequential damages from Landlord. In the event of a Landlord Defaultthe sale or other transfer of Landlord’s right, Tenant (title and interest in addition to all other remedies to which Tenant may be entitled at law the Premises or in equity) may cure such default by Landlord on behalf ofthe Building, and at the sole reasonable cost and expense of, Landlord. Landlord shall reimburse Tenant within thirty (30) days after Tenant’s delivery to Landlord of a statement therefor for an amount equal to one hundred twenty-five percent (125%) of Tenant’s costs be released from all liability and expenses in connection therewith plus the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord Defaultobligations hereunder.